[2018]DLCA10023 • May 29, 2018 • Court of Appeal
DALEX FINANCE & LEASING CO. vs. EBENEZER AMANOR, LGG COMPANY LIMITED and HUAWEI TECHNOLOGY (GH)
OFOE,J.A: The relevant part of the pleadings of the plaintiff has it that on various dates of 16th May 2012, 16th July 2012 and 13th Nov 2012, on the request of the 1st defendant who is the Managing Director of the 2ndd defendant, it gave out loans of GHC2,317,112.00, GHC3,622,500.00, and GHC600,000.00 respectively to the 2nd defendant for the purpose of discounting invoices presented to it by the 1st defendant. The circumstances of this discounting transaction and the end result can be stated briefly as follows: The 1st defendant informed the plaintiff that it’s company, the 2nd defendant, had executed a supply contract with the 3rd defendant and was awaiting payment. The invoice amounts were GHC3,310,160.00, GHC5,175,000.00 and was ready to discount them for loans from the plaintiff. Eventually the discounting transaction materialized and various monies were paid to the 1st and 2nd defendants. It is the case of the plaintiff that before advancing the loans to the 1st and 2nd def.....