[2018]DLHC9930 • April 26, 2018 • High Court
DR. CHARLES POKU AND MRS. SHEILA POKU vs. OWUSU AFRIYIE EZEKIEL, WILLIAMS ADOM BOATENG, NOBLE DREAM INVESTMENT LTD, NOBLE DREAM MICRO FINANCE LTD AND BANK OF GHANA, ACCRA
The plaintiffs, a husband and wife, invested GHC300,000 with Noble Dream Micro Finance Ltd (4th Defendant) on 20 February 2014, with an expectation of maturity and interest payments totaling GHC355,699.50 by 22 August 2014. They alleged that the 3rd and 4th Defendants were financially troubled and that the Bank of Ghana (5th Defendant) negligently failed to supervise the 4th Defendant, resulting in financial loss. The plaintiffs claimed the 4th Defendant was a phony company created by the 1st and 2nd Defendants to perpetrate fraud. The 2nd Defendant counterclaimed for damages. The 1st, 3rd, and 4th Defendants failed to appear for trial and had their defenses struck out.
read moreThe plaintiffs by their amended Writ of Summons filed on the 22/02/2016 claim against the defendants jointly and severally as follows: 1. The sum of GHC355,699.50 (three hundred and fifty-five thousand, six hundred and ninety-nine Ghana cedis fifty pesewas) which is the sum of money the 1st, 2nd, 3rd and 4th Defendants owed the Plaintiffs as at 22/08/2014 but which they have failed to pay and refused to pay despite repeated demands. 2. Interest on the said sum of GHC 355,699.50 (three hundred and fifty-five thousand, six hundred and ninety-nine Ghana cedis fifty pesewas)as of at 22/08/2014 in subsequent tenure at compound rate of 7.30% 3. General Damages against the 5th Defendants and in favor of the Plaintiffs for recklessly negligently and carelessly failing and refusing to carry out its supervisory role over the 3rd and 4th Defendant and as a result has caused financial loss to the Plaintiff. 4. Legal fees of 15% on the amounts claimed 5. A Declaration that the 4th Defendant is...