WORLDWIDE SHIPPING AND AGENCIES (GH) LTD vs. DARKO [2001]DLCA1276

Date	2001-12-20
Suit No.
Citation No.	[2001]DLCA1276

BROBBEY JA

ADINYIRA JA

AMONOO-MONNEY JA

B B MENSAH FOR THE APPELLANT.

OSEI ANTO BONSU FOR THE RESPONDENT.

[2001]DLCA1276
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													<main id="main" class="content" style="min-height: 60rem" ><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">WORLDWIDE SHIPPING AND AGENCIES (GH) LTD<o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">vs.<o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">DARKO<o:p></o:p>[COURT
OF APPEAL, ACCRA]<o:p></o:p>[2001-2002]
2 GLR 488<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

<p class="MsoNormal" align="right" style="margin-bottom:5.0pt;text-align:right;
mso-pagination:none;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">Date: 20 DECEMBER 2001<o:p></o:p>

</div>COUNSEL:<o:p></o:p>B B
MENSAH FOR THE APPELLANT.<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

OSEI
ANTO BONSU FOR THE RESPONDENT. <o:p></o:p>

BROBBEY,
ADINYIRA AND AMONOO-MONNEY JJA<o:p></o:p>

</div>JUDGEMENT<o:p></o:p>Brobbey JA.
This is an appeal from a decision of the High Court, Tema by which judgment was
entered in favour of the plaintiff-respondent.<o:p></o:p>The
original claim in the High Court arose out of the following facts; some goods
were ordered from Canada in a container. They appeared to have been cars. The
respondent came to the scene after the goods had arrived in the Republic of
Benin. He averred that he entered into an agreement with the appellants that he
should pay the freight charges so that the goods would be shipped to Ghana. For
that purpose, he paid to the appellants a total of $5,200. The appellants
issued receipts for the payments. After the payments, neither the container nor
the goods were shipped from Benin. After repeated demands, he instituted the instant
action to claim the $5,200 together with interest at the prevailing bank rate.<o:p></o:p>The
initial action was brought against the company called Worldwide Shipping and
Agencies Ghana Ltd, Tema. The writ was filed on 4 May 1999. It was not until 14
July, 1999 that the defendant company was served. On 21 July 1999, a firm of
solicitors, acting per lawyer Michael Owusu Awuah, entered conditional
appearance on behalf of the company. No steps were taken to pursue the
conditional appearance. No defence was filed.<o:p></o:p>Having
entered appearance on behalf of the company, the same lawyer wrote on 18 August
1999 that one E B Mensah on whom processes in respect of the case had been
served had resigned as a director and therefore service on him was improper. He
returned the court processes to the court.<o:p></o:p>The
plaintiff however filed a motion on notice for judgment in default of defence
on 3 November 1999. That motion was served on the lawyer on 4 November 1999. On
15 November 1999, the lawyer wrote to the court that he had withdrawn his
representation for the defendant, the limited liability company. The plaintiff
nevertheless proceeded to serve hearing notice, presumably of the motion for
judgment, on the company through the said E B Mensah who happened to be a
director at the time the money was paid. The service was effected on 22
November 1999. The plaintiff took judgment on 4 December 1999.<o:p></o:p>When
the plaintiff was about to go into execution against the said director, the
same lawyer, purporting to act as a solicitor for the director, wrote to the
court to rectify the processes served on the director for the reason that he
had resigned as director. That was on 9 February 2000.<o:p></o:p>On
1 March 2000 the plaintiff filed a motion on notice against E B Mensah and one
Byron Oku in their capacities as managing director and deputy managing
director, respectively of the defendant company. The motion was to lift the
veil of incorporation and to proceed against them personally for the reliefs
claimed in the writ. On behalf of himself and Byron Oku, E B Mensah filed an
affidavit in opposition against the motion.<o:p></o:p>