Court strikes out suit against Black Sheriff for lack of jurisdiction
The court case between Ghanaian musician, Black Sherif [Mohammed Ismail Sharrif] and Cruise People Limited following the cancellation of a cruise ship performance in Athens has been struck out.
The Adenta High Court struck it out on Thursday, November 16, 2023, declining jurisdiction.
A dispute resolution clause in the contract stipulated that any dispute arising out of the contract shall be settled exclusively in the United Kingdom.
Based on this, counsel for Black Sheriff drew the court's attention to it and argued that the case cannot be litigated in Ghana.
The court agreed with Black Sheriff's argument and struck out the case.
The case was based on an alleged breach of a performance contract by Black Sheriff.
Cruise People Limited and Black Sheriff had entered into an agreement for a performance on a cruise ship in Athens, Greece on August 19, 2023.
However, before the scheduled date for the show, the contract was terminated.
The promoter, Daniel Vanderpuje of Cruise People Ltd alleged publicity breaches and demanded a refund of the deposit of US$20,000 from Black Sheriff.
Black Sheriff resisted the refund on the grounds that the contract was terminated by Cruise People Ltd and rather asked for compensation for the unilateral termination of the contract.
The Promoter, Daniel Vanderpuye, instituted the court action for; a refund of the deposit paid, interest on the said amount, compensation for loss of revenue and profits, general damages for breach of contract, and costs.
Black Sheriff entered a conditional appearance and filed an application to strike out the suit on grounds that the dispute resolution clause in the contract stipulated that any dispute arising out of the contract shall be settled exclusively in the United Kingdom.
Black Sheriff insisted that the subject matter of the dispute was not closely connected to Ghana.
On October 19, 2023, the court ordered the parties to file written submissions, within two weeks, and adjourned the matter to November 16, 2023 for ruling.
The court ruled that that, the parties for all intents and purposes, wanted all disputes arising thereto to be resolved in the UK, and therefore struck out the case stating that the action had been commenced in the wrong forum.