[2016]DLHC6264 • February 29, 2016 • High Court
WAPIC INSURANCE (GH) LTD vs. DPS COMPANY LTD AND MESUMA DELIMAN OSMAN
The Plaintiff’s claim against the Defendants in its amended writ of summons filed on 10th June 2014 is for; the recovery of GH¢172,092.69 together with interest or in the alternative the judicial sale of all properties moveable and immoveable identified as belonging to the 2nd Defendant by virtue of the Personal Counter Indemnity executed in favour of the Plaintiff. It was the Plaintiff’s case that it was a subsidiary of Access Bank (formerly Intercontinental Bank) licensed to conduct the business of insurance. The 1st Defendant was a limited liability company which had a right to market and sell Airtel Ghana’s mobile phone and services. According to the Plaintiff, Access Bank in partnership with the Plaintiff had an origination deal in which the Bank would provide a bank guarantee in favour of Airtel against a possible default by distributors in repayment to Airtel Ghana for airtime lifted by the distributors of which the 1st Defendant was one. The Plaintiff as pa...