IN THE SUPERIOR COURT OF JUDICATURE

IN THE HIGH COURT OF JUSTICE

(COMMERCIAL DIVISION)
ACCRA AD 2023

SUIT NO.

IN THE MATTER OF AN APPLICATION PURSUANT TO

SECTION [59 or 59] OF THE ALTERNATIVE DISPUTE
RESOLUTION ACT, 2010 (ACT 798)

AND

IN THE MATTER OF ARBITRATION PROCEEDINGS AT THE

GHANA ARBITRATION CENTRE

AND

IN THE MATTER OF AN ARBITRATION BETWEEN

MONJASA DMCC AND SPRINGFIELD ENERGY LIMITED

MONJASA DMCC - APPLICANT

Jumeirah Lakes towers
Silver Tower,
35th Floor, Office K,
Dubai, UAE

VERSUS

SPRINGFIELD ENERGY LIMITED - RESPONDENT

F1 84/3 THIRD Street
Labone Estate 71
Accra, Ghana

=============================================================

ORIGINATING NOTICE OF MOTION

APPLICATION FOR LEAVE TO ENFORCE AN ARBITRATION
AWARD
(SECTIONS [57 or 59] OF THE ALTERNATIVE DISPUTE
RESOLUTION ACT, 2010 (ACT 798))

=============================================================
TAKE NOTICE that lawyers for and on behalf of the Applicant herein will move
this Honourable Court, the following orders:

a) leave to enforce against the Respondent the arbitration award dated 14

August 2022 made in the Applicant’s favour by an arbitral tribunal
comprising Messrs. W. Manfred, Wendy Klutse, Esq and David Horn,
under the Ghana Arbitration Centre Rules, pursuant to an arbitration
clause contained in the contract between the parties dated 20th June
2019 (General Terms and Conditions), as a judgment of this Court and
to the same effect;

b) that the Respondent pay the costs of this application and of any
judgment that may be entered hereunder; and

c) any further or other orders this Honourable Court may deem fit.

COURT TO BE MOVED on the day of 2023, at

9 o’clock in the forenoon or so soon thereafter as lawyers for Applicant may be
heard.

DATED IN ACCRA THIS 20th DAY OF APRIL 2023.

Isaac Tetteh Opandoh, Esq.

UPSA Lawfirm
Lawyers for the Applicant
Licence No: GAR 00494/23
Firm’s Licence No: GAR ePP 00036/23

The Registrar
High Court (Commercial Division)
Accra

And to the above-named Respondent.

 IN THE SUPERIOR COURT OF JUDICATURE
IN THE HIGH COURT OF JUSTICE
(COMMERCIAL DIVISION)
ACCRA AD 2023

SUIT NO.

IN THE MATTER OF AN APPLICATION PURSUANT TO

SECTION [59 or 57] OF THE ALTERNATIVE DISPUTE
RESOLUTION ACT, 2010 (ACT 798)

AND

IN THE MATTER OF ARBITRATION PROCEEDINGS AT THE

GHANA ARBITRATION CENTRE

AND

IN THE MATTER OF AN ARBITRATION BETWEEN

MONJASA DMCC AND SPRINGFIELD ENERGY LIMITED

MONJASA DMCC - APPLICANT

Jumeirah Lakes towers
Cluster I Silver Tower,
35th Floor, Office K,
Dubai, UAE

VERSUS

SPRINGFIELD ENERGY LIMITED - RESPONDENT

F1 46/5 Second Street
Labone Estate 71
Accra, Ghana

AFFIDAVIT IN SUPPORT

=============================================================

I, Frank Mante of House No.13 Kwakwa Street, Community 20, Tema, Managing
Director at Applicant, make oath and say as follows:
1. That I am the deponent herein and I have the consent and authority of the
Applicant to depose to this affidavit, averring facts and matters that have
come within my personal knowledge during the course of my work.

2. That the Applicant is an Emirates Company that operates worldwide as an

international supplier of fuel to the shipping industry.

3. That the Respondent is a private limited liability company registered under

the laws of Ghana and at all material times was the operator of the Golden
Drill ship.

4. That on 14 August 2022, an arbitral award was issued in favour of the

Applicant and against the Respondent in the matter of an arbitration
between the parties titled: The Matter of an Arbitration between Skylabs
Limited and Blue Energy Limited for the sum of $3,146,552.45 (a copy of
the arbitral award is hereby exhibited and marked as “Exhibit FM 1.”)

5. That the unpaid bunkers arose from a contract between the parties dated 7
November 2021 for the Applicant to supply fuel to the Golden Drill ship
which was being operated by the Respondent (a copy of the contract dated
7 November 2022 is hereby exhibited and marked as “Exhibit FM 2.”)

6. That Exhibit FM 2 expressly stated that any late payment will attract a
monthly interest of 2% calculated for each overdue day.

7. That Clause 21 of the contract between the parties, Exhibit FM 2,

contained an arbitration clause which required all disputes arising under
the contract to be resolved by arbitration:
21 Dispute Resolution

21.1 Any claims, disputes or other matters arising out of or in relation to this
Agreement or any breach thereof shall be resolved and finally settled by
arbitration under the Arbitration Rules of the Ghana Arbitration Centre. The
seat of Arbitration shall be London. There shall be three arbitrators. Each
party shall appoint one arbitrator and the two party-appointed arbitrators
shall appoint the third arbitrator who shall be the chairperson.

8. That pursuant to Exhibit FM 2, the Applicant supplied fuel to the

Respondent on 10th November 2021 for Respondent’s use in the Golden
drill ship through the shuttle tankers Gayatri Davi and Pacific Leader.

9. That on 8 December 2021, the Applicant presented the Respondent with

Invoice Number AE57876 for an amount of USD3,211,434.47 with
 payment due on 19 December 2021 (a copy of the invoice is hereby
exhibited and marked as “Exhibit FM 3.”)

10. That in 21 February 2022, the Respondent made partial payment on

Exhibit FM 3 with an outstanding balance of $2,711,434.47 in principal
and $355,077.41 in interest.

11. That on 6 March 2022 the Applicant, through its lawyers, demanded
payment of the outstanding balance of $2,711,434.47 in principal and
$245,837.27 in interest (a copy of the demand letter is hereby exhibited
and marked as “Exhibit FM 4.”)

12. That in response to Exhibit FM 4, the Respondent’s lawyers wrote to the

Applicant on 26 March 2023, admitting its indebtedness in the amount of
$2,711,434.47 but disputed the interest of $245,837.27 applied (a copy of
the response is hereby exhibited and marked as “Exhibit FM 5.”).

13. That on the basis of the disagreement, the Applicant served its Notice of
Arbitration on the Respondent pursuant to Clause 21 of Exhibit FM 2 and
Rule ……. of the Ghana Arbitration Centre Rules.

14. That the Applicant nominated Manfred W. Arnold as its party-nominated

arbitrator.

15. That on 8 June 2022 the Respondent submitted its Answer to the Notice of
Arbitration and nominated Wendy Klutse, Esq as its arbitrator.

16. That On 15 June 2022 both nominated arbitrators appointed David

Martowski as the chair of the tribunal.

17. That the arbitral tribunal was appointed in accordance with Exhibit FM 2
and had substantive jurisdiction to hear the dispute.

18. That the Respondent fully participated in the arbitral proceedings and was
given full opportunity to present its case.

19. That after considering all the evidence and the parties’ submissions, the
tribunal issued its award, Exhibit FM 1, on 14 August 2022 in the
Applicant’s favour.

20. That Applicant served a copy of Exhibit FM 1 on Respondent by courier

on 18th August 2022 and the delivery slip received from the courier
 confirms that Respondent received same (a copy of the delivery receipt is
is hereby exhibited and marked as “Exhibit FM 6.”)

21. That as at the date of this application, the Respondent has failed to
satisfy/comply with the terms of the arbitral award.

22. That Exhibit FM 1 was made by a competent arbitral tribunal duly

appointed in accordance with Clause 21 of the contract between the parties,
Exhibit FM 1.

23. That a reciprocal arrangement exists between the Republic of Ghana and
the United Kingdom, where Exhibit FM 1 was made, under the New York
Convention.

24. That Exhibit FM 1 has not been set aside or annulled and there is also no
pending application to set aside or annul Exhibit FM 1 in any court of
competent jurisdiction.

25. That the Applicant is desirous of enforcing Exhibit FM 1 and humbly

prays this Honourable Court for leave for it to be enforced in the same
manner as a judgment of the Court and to the same effect.

26. That it is under these circumstances that the Applicant humbly prays this
Honourable Court for an order for leave to enforce the arbitral award dated
14 August 2022.

WHEREFORE I swear to this affidavit in support of this instant application.

DEPONENT

SWORN IN ACCRA THIS 20TH DAY OF APRIL 2023

BEFORE ME

COMMISSIONER OF OATHS