By Frederick E Aggrey
The General Jurisdiction Division of the Accra High Court presided over by His Lordship, Justice Patrick Baayeh has handed judgement in favour of Thomas Classpeter in a business dispute brought before it by Total Energies Marketing PLC as plaintiff.
According to copies of Court documents sighted by this paper, the dispute arose as a result of the supposed implementation of a Memorandum of Understanding (MOU) purportedly governing their business transaction.
A Press release from the outfit of the defendant confirmed the judgement and indicated that among the reliefs granted Classpeter is for the defendant to enjoy 50% of rent collected from a third party bank without his express consent and a GHC 50,000.00 as General Costs.
This is the full text of the Press release:
FOR IMMEDIATE RELEASE
Accra, Ghana
High Court Victory for Dealer in Dispute with Total Energies As Thomas
Kofi Classpeter wins 50% ATM rent share, awarded GH¢50,000 costs
Mr. Thomas Kofi Classpeter, operator of the Powerland Total Energies Service Station at Madina, has secured a major legal victory over Total Energies Marketing PLC following a ruling by the Accra High Court.
The court, presided over by Justice Patrick Baayeh, ordered Total Energies to account for and pay Mr. Classpeter 50% of rent collected from Cal Bank for an ATM installed on his property without his consent. The company has been given 60 days to settle all payments due.
The case stemmed from disputes over a Memorandum of Understanding (MOU) signed on January 21, 2014. While Total Energies argued that the MOU was binding for 15 years, Mr. Classpeter maintained it was only a six-month arrangement, meant to precede a formal long-term contract which was never signed.
Mr. Classpeter demonstrated that he had fully constructed the station before engaging Total Energies, and that the company’s supply practices—such as depositing fuel without request—caused him significant financial losses and indebtedness. After settling his obligations, he sought to operate independently, but Total Energies refused to release him.
In its ruling, the court held that Total Energies’ contribution of pumps, machines, and branding did not make it a part owner of the service station. The installation of Cal Bank’s ATM without disclosure of rental terms was found to be wrongful.
“The defendant is entitled to 50% of the rent charges,” Justice Baayeh ruled, affirming Mr. Classpeter’s rights as the lawful operator of the station.
Although the court dismissed a claim for general damages, Mr. Classpeter was awarded GH¢50,000 in costs, further cementing his victory.
This judgment not only vindicates Mr. Classpeter’s long-standing position but also serves as a precedent for fair business practices in the oil marketing industry, reinforcing the rights of dealers against unfair contractual interpretations.