FIRST ALLIED SAVING & LOANS LIMITED vs. MICHAEL ADDAI & 2 ORS. [2015]DLHC3536

Date	2015-07-02
Suit No.	SUIT NO.BFS/42/13
Citation No.	[2015]DLHC3536

HER LADYSHIP ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT

MR. ADU GYAMFI FOR PLAINTIFF.

AUGUSTUS ANANE QUEBAH FOR 1ST AND 3RD DEFENDANTS.

MICHAEL ATTA AGYEI FOR 2ND DEFENDANT.

[2015]DLHC3536
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													<main id="main" class="content" style="min-height: 60rem" ><a name="OLE_LINK1">FIRST
ALLIED SAVING &amp; LOANS LIMITED<o:p></o:p></a>vs.<o:p></o:p>MICHAEL ADDAI &amp; 2 ORS.<o:p></o:p>[HIGH COURT (COMMERCIAL
DIVISION), KUMASI]<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">

SUIT NO.BFS/42/13&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;&nbsp;DATE: 2ND JULY, 2015<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <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;Times New Roman&quot;;mso-bidi-theme-font:minor-bidi"><o:p></o:p>MR.
ADU GYAMFI FOR PLAINTIFF. <o:p></o:p>AUGUSTUS
ANANE QUEBAH FOR 1ST AND 3RD DEFENDANTS.<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">

HER LADYSHIP ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE
OF THE HIGH COURT<o:p></o:p>

JUDGEMENT<o:p></o:p>

</div>This seemingly simple case
has travelled over two legal years and at last, the wheels of justice have come
to a stop! There will certainly be a closure as the parties get to know their
fate!<o:p></o:p>What
has brought about this suit? From the endorsement on the<o:p></o:p>writ of summons and
statement of claim filed on 14/12/2012, the Plaintiff sought to recover the sum
of GH¢ 10, 399.00&nbsp; being the total amount
collected from customers by the 1st &nbsp;Defendant but which he has failed to account
for.&nbsp; The Plaintiff is also claiming
interest on this amount as well as damages for fraud.<o:p></o:p>The Plaintiff's case is
that the Company employed the 1st Defendant on 1st June,
2009 as a Customer Intermediary. His duties entailed collecting monies from
customers specifically assigned to him, and after going through the laid down
procedure, hand over the money to the Plaintiff. During an audit, the Plaintiff
detected that the 1st Defendant could not account for figures totaling
GH¢5229 standing to the credit of customers and he signed a document admitting
responsibility for the shortages.. &nbsp;Besides
that amount, the Plaintiff found out that 1st Defendant had
collected customers pass books ostensibly for auditing purposes but had failed
to return them to those customers. The amount standing to the credit of those
customers which the 1st Defendant could not account for stands at GH¢5,170.00.
The Plaintiff alleged that the 1st Defendant has perpetrated fraud
on the Company and gave the particulars of fraud as follows:<o:p></o:p>a)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
The 1st Defendant's failure to
account for the exact amount paid to him by the Plaintiff's customers.<o:p></o:p>b)&nbsp;&nbsp;&nbsp;&nbsp;
The 1st Defendant's failure to
return customers passbooks to them after collecting same for audit purposes.<o:p></o:p>The 2nd and 3rd Defendants have
also been dragged to court because they are alleged to have committed to exert
moral pressure on the 1st Defendant so as to ensure that he does not
embezzle any fund and to repay any money that would be embezzled by the 1st
Defendant.<o:p></o:p><o:p>&nbsp;</o:p>A lawyer field a defence on behalf of the 1st
and 3rd Defendants but the 2nd Defendant had a separate
legal representation.&nbsp; The 1st
and 3rd Defendants admitted the 1st Defendant's work
schedule in the Plaintiff's employment but denied all the allegations made by
the Plaintiff. It is the 1st Defendant's case that the Plaintiff
caused his arrest for allegedly stealing over GH¢99,000.00 and he was arraigned
before a Circuit Court in Kumasi. The prosecution substituted the charge sheet
with a lesser amount. He denied pocketing any money belonging to the Plaintiff.<o:p></o:p><o:p>&nbsp;</o:p>