[2012]DLSC2622 • July 19, 2012 • Supreme Court •
AXEX COMPANY LIMITED vs. KWAME OPOKU, SYLOP COMPANY LIMITED AND UNIQUE COMPANY LIMITED
The respondent company initiated legal action against the appellants alleging unauthorized withdrawal and transfer of funds amounting to over 20 billion cedis from the respondent's business account, in which the first appellant was a 50% shareholder. The respondent sought orders relating to specified bank accounts operated by the first appellant. The appellants admitted owing part of the sum claimed, leading to a summary judgment for US$1,475,330.00, with the balance set for hearing.
read moreGBADEGBE JSC: This is an appeal from the decision of the Court of Appeal dated 31 July 2008, that dismissed an appeal from the previous decision of the High Court, Accra entered on 14 March 2007. In outline, the respondent commenced the action herein in the court below seeking certain orders directed at specified bank accounts alleged to be operated by the 1st appellant with proceeds that had been transferred from a business account held by the respondent company of which the 1st appellant herein was a 50% shareholder. Following the issue of the writ of summons herein, certain interlocutory applications were made to the court below and granted including an order freezing the specified accounts and an order for the managers of Ecobank and Barclays Bank, Tema to furnish the court with statements of accounts relating to the said accounts from January 2003 to January 2007. On 14 March 2007, the respondent applied to the court below for summary judgment against the defendants in the...