[1983]DLCA2119 • March 24, 1983 • Court of Appeal
EDUSEI vs. DINERS CLUB SUISSE S.A.
The appellant, Mr. Krobo Edusei, a member of the Diners Club Suisse S.A., utilized credit card facilities amounting to approximately £12,000 but failed to satisfy the debt. He contended that liability should rest with a third party who introduced him to the club and agreed to shoulder any debts incurred. He also challenged the jurisdiction of Ghanaian courts and the procedure used for summary judgment, as well as the validity of the affidavit supporting the claim. The respondents are a Swiss incorporated company providing credit card services to members of good financial standing.
read moreJUDGMENT OF FRANCOIS J.A. The Diners Club of Switzerland is “a body corporate incorporated and organised under the laws of Switzerland.” That is how the writ describes the plaintiffs; and that description has not been controverted on the pleadings. The club provides credit cards to its members, who according to its constitution, must been of repute and of good financial standing. These cards enable their holders to enjoy credit facilities in many parts of the world, thus obviating the cumbersome necessity of carrying huge amounts of money about. Mr Krobo Edusei, the defendant-appellant, hereafter called the appellant, does not deny enjoying these facilities as a member of the respondents’ association. Indeed, a letter whose admissibility is pointlessly attacked in this appeal, demonstrates beyond doubt that the appellant made full use of the facilities offered to the tune of about 12,000 pounds sterling. It was his failure to meet the corresponding obligation of a good member...