[2004]DLHC7380January 28, 2004High Court

AHMED ASUNKAR. vs. MR. MOHAMMED OSMAN ZANYA, MRS. RAHINATU OSMAN AND OZANYA LIMITED

The 1st defendant got the plaintiff, then living in Japan, to remit to him certain monies meant to be plaintiff's share in the 3rd defendant's company. It turned out that the plaintiff was not known in the 3rd defendant's company at all either as a shareholder or director. Apart from these monies plaintiff sent a further $6000 to the 1st defendant for construction of a house for the plaintiff. This according to plaintiff was also not to be. The plaintiff is therefore in Court claiming as per his writ of summons. I will quote the reliefs sought:— 1 An Order for the recovery of the sum of U$49,700 or its equivalent in cedis being monies had and received for consideration which totally failed. 2. Interest on the said amount from the respective dates of payment at the prevailing commercial bank rate till date of payment. 3. An Order directing the 1st defendant to account for the use of the sum of $6000 paid to him for the commencement if construction works on plaintiffs dwelling ho.....