GPHA asks court to throw out GASCO's application

Tema, Oct 28, GNA - The Ghana Ports and Harbours Authority (GPHA) has prayed the Commercial Court in Accra to dismiss an application for an order of interim injunction against the Authority and the Meridian Ports Services (MPS).

The application for an order of interim injunction was filed against GPHA and MPS by the Ghana Association of Stevedoring Companies (GASCO) and six stevedoring companies at the Commercial Division of the High Court on October 15 this year. GASCO and the six stevedoring companies wanted the court to restrain GPHA and MPS from limiting their (stevedore companies) operations on berths three, four and five of Quay one among other claims.

In a statement of case filed by Sey and Co. Legal Practitioners on behalf of the GPHA on October 22, the Authority described the suit as incompetent and unmeritorious. It further said that the plaintiffs' application was unwarranted since they have not lost any income due to the concession between GPHA and MPS, but have rather enjoyed increased income from the stevedoring of general cargo which the MPS does not engage in. A copy of the statement of case made available to the Ghana News Agency (GNA) in Tema stated that GPHA holds 21,000 fully paid shares amounting to 30 percent of MPS total shareholding.

It further noted that as a shareholder in MPS, GPHA represented the national interest in the business of stevedoring in the port system. An affidavit attached to the statement of claim noted that PNDC Law 160 gave the GPHA the statutory responsibility to carry out the business of stevedoring, master porterage warehousing and other services in port facilities in Ghana.

The Authority indicated that based on the powers vested in it by the PNDC Law 160, it entered into an agreement by which it granted a concession to MPS, adding that, the said agreement does not require the prior approval of Parliament as alleged by the applicants. The GPHA denied limiting or restricting the business of the stevedoring companies as it explained that in pursuant of its policy of privatizing part of the business of stevedoring, it licensed several private operators including the six to operate as stevedoring alongside it. "It is incorrect and falsehood that the first defendant has at any time limited or restricted the lawful activities of the plaintiffs," the statement noted.

The GPHA contended that it has the right under the concession to grant MPS the option to stevedore ships carrying in excess of 50 containers arriving at any part of the Tema port.

The affidavit contended that granting of the interim injunction would constrain the activities of all operators at the port of Tema and contravene the terms of both the concession granted to MPS and the individual licenses granted to the plaintiffs. It said it would also result in significant financial loss to the Republic of Ghana since the plaintiffs do not have the equipment, manpower and the training to operate the dedicated container terminal. 28 Oct 08