DALEX FINANCE AND LEASING COMPANY LTD. vs. EBENEZER DENZEL AMANOR, L.G.G COMPANY LIMITED AND HUAWEI TECHNOLOGIES (GH) SA LIMITED

The plaintiff, Dalex Finance and Leasing Company Ltd., a non-bank financial institution, advanced loans totaling approximately GHS6,539,612.00 to the 1st and 2nd defendants based on fraudulent documents and representations orchestrated by John Oseku Ankrah, the Finance Manager of the 3rd defendant, Huawei Technologies (GH) SA Limited. The scheme involved fake invoices, purchase orders, and letters purportedly confirming debts owed by the 3rd defendant to the 2nd defendant. The plaintiff relied on these documents and the Finance Manager's affirmations to grant loans to the 2nd defendant, which defaulted on repayment. Subsequent investigations revealed the entire transaction was fraudulent, implicating the Finance Manager and the 1st defendant in a conspiracy to defraud the plaintiff.

PWAMANG JSC:- My Lords, this appeal presents for our consideration the circumstances under which a limited liability company may be held liable on account of the fraudulent acts of its official. From the facts of the case, it is beyond doubt that John Oseku Ankrah, who at all material times was the Finance Manager of the 3rd defendant/respondent/respondent (the 3rd defendant), in his engagements with the plaintiff/appellant/appellant (the plaintiff), was acting a role in a choreographed performance put up to deceive and defraud unsuspecting third parties. The performance involved a number of conspirators and they succeeded in collecting an amount of about GHS6,539,612.00 from the plaintiff, a non Bank Financial Institution, as loans that have not been repaid. As is usual with this type of cases, the prospects of recovering the money from the fraudsters are dim so the court has been called upon to decide, between the plaintiff and the 3rd defendant, a big multinational telecommunicati...