[2025]DLCA17917 • February 13, 2025 • Court of Appeal
SDC FINANCE & LEASING COMPANY vs. HUAWEI TECHNOLOGIES (GH) S.A. LTD
The Appellant, a finance and leasing company, alleged that it discounted invoices from LGG Company Limited, purportedly a subcontractor to the Respondent, Huawei Technologies GH S.A. Ltd. The Appellant claimed it extended a discounting facility based on invoices it believed were legitimate. However, payments were not made as agreed, and the Respondent denied any contractual relationship with LGG, alleging the documents were forged. The High Court found that the Appellant was defrauded by a syndicate involving officers from both companies and LGG, vitiating the transaction and barring recovery from the Respondent.
read moreJUDGMENT Ackaah-Boafo, JA i. Overview: [1] My Lords, the Latin maxim ex turpi causa non oritur actio translates to "no action arises from a dishonourable cause." This principle was articulated by Lord Mansfield in Holman v. Johnson (1775), 98 E.R. 1120, at p. 1121, where he stated: "No court will assist a claimant whose cause of action is founded upon an immoral or illegal act. If, from the Plaintiff's own account or otherwise, it is evident that the claim arises ex turpi causa—that is, from wrongdoing or a violation of the law—the court will refuse to provide relief. This is not done to benefit the Defendant, but rather because the court will not support a Plaintiff engaged in unlawful conduct." I shall later speak to the quote above in considering the merits or otherwise of this appeal. [2] The instant appeal arises from the judgment of the High Court in Accra, dated April 13, 2021, and composed of Owusu-Ofori J (as he then was). The High Court found that the Plaintiff/Ap...