[2013]DLHC12074 • October 21, 2013 • High Court
CHIZY JAMON vs. FIC
RULING The applicant has filed an application praying the court to defreeze its account. I have read the affidavit evidence of both parties and I am of the opinion that the funds transferred to applicant have been procured through fraud. In fact, the driving license used by the applicant to open account was also a fake one. Again, the corresponding bank in the USA has also recalled the funds as the remitter indicated that there has been fraudulent representations made to him. If it is really true that funds were not fraudulently obtained, the applicant’s so called business partner will not instruct his bank to recall the funds. I am not the least convinced that the monies be released to applicant. He has not in any way demonstrated by a preponderance of probabilities that he is entitled to the USD 58,500.00. I hereby order that the said monies be remitted to the true owner. Application refused.