Detained Argentina ship case bounces back

Two applications have been filed in the case in which an Argentine Naval Ship had been restrained by a court from bunkering.

The first application, which was filed by the Ghana Ports and Harbours Authority, is seeking for a variation on the ship’s anchorage and the state of affairs of the ship.

The second was filed by the Republic of Argentina seeking leave of the court to enter into conditional appearance in the substantive matter. (This means, Argentina has reservations on the substantive suit.)

When the case was called Thursday counsels representing both parties contended that they had not been served with the various applications.

The court therefore adjourned the matter to Monday, November 5 and November 9 to look at the applications.

On October 11, this year the High Court dismissed a motion by Argentina to set aside orders, which had restrained one of its naval ships from moving or bunkering until further notice.

It therefore ordered that the Argentine vessel, ARA Libertad, should remain at Tema Harbour until the hearing of a writ, which sought to enforce in Ghana judgments against Argentina issued by the United States District Court and supported by similar judgments in the United Kingdom.

The presiding judge, Mr Justice Richard Agyei Frimpong said Argentina had not demonstrated the basis for which the injunction on the ship should be set aside.

He said the order he gave earlier on the movement of the ship, which came to Ghana on a goodwill mission as part of a West African tour, was proper.

The Judge said he had given Argentina the option to provide security to the court pending the determination of the case and Argentina had failed to do this.

Mr Justice Agyei Frimpong said in Argentina, the fiscal agreements it signed with its creditors, waived its own immunity.

On October 9, the court listened to arguments from counsel representing the NML Capital Limited, a subsidiary of Elliot Management, a New York-based investment fund engaged in the investment of pension funds, and the Republic of Argentina.

NML Capital Limited on October 2 went to the Commercial Division of the Fast Track High Court in Accra, to obtain an interim injunction against the Argentine ship currently in Ghana, with about 200 men on board.

On December 18, 2006, NML Capital was granted a summary judgement by the US District Court for the recovery from Argentina the principal bond of 284,184,632 dollars with respect to 10.25 per cent of Global Bonds due on July 21, 2030, plus interest thereon.

Source: GNA

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