NDK FINANCIAL SERVICES LTD vs. COLLINS ASAMOAH ACHEAMPONG, EMMYMAURICE CONSULT, ACCESS BANK (GH) LTD AND MADAM GISELE DEDE [2017]DLHC6274

NDK FINANCIAL SERVICES LTD vs. COLLINS ASAMOAH ACHEAMPONG, EMMYMAURICE CONSULT,... [2017]DLHC6274

Date	2017-03-14
Suit No.	Suit No. BFS/194/13
Citation No.	[2017]DLHC6274

JENNIFER DODOO (MRS)

ANDREW APPAU-OBENG FOR PLAINTIFF

ALEXANDER ADJEI FOR 1ST DEFENDANT

KWAME WAJA FOR 2ND AND 4TH DEFENDANTS

GEORGE AMISSAH FOR 3RD DEFENDANT

[2017]DLHC6274
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													<main id="main" class="content" style="min-height: 60rem" >NDK FINANCIAL SERVICES LTD<o:p></o:p>{PLAINTIFF}<o:p></o:p>vs.<o:p></o:p>COLLINS ASAMOAH ACHEAMPONG, EMMYMAURICE CONSULT, ACCESS BANK
(GH) LTD AND MADAM GISELE DEDE<o:p></o:p>{DEFENDANTS}<o:p></o:p>[HIGH
COURT (COMMERCIAL DIVISION), ACCRA]<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/194/13&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;DATE: 14TH MARCH 2017<o:p></o:p>

</div>COUNSEL:
<o:p></o:p>ANDREW APPAU-OBENG FOR PLAINTIFF<o:p></o:p>ALEXANDER ADJEI FOR 1ST DEFENDANT<o:p></o:p>KWAME WAJA FOR 2ND AND 4TH
DEFENDANTS<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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GEORGE AMISSAH FOR 3RD
DEFENDANT<o:p></o:p>

</div>CORAM:&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <o:p></o:p>JENNIFER DODOO (MRS) JUSTICE OF THE
HIGH COURT<o:p></o:p><div style="mso-element:para-border-div;border-top:solid windowtext 1.5pt;
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<p class="MsoNormal" align="center" style="text-align:center;line-height:115%;
border:none;mso-border-top-alt:solid windowtext 1.5pt;mso-border-bottom-alt:
solid windowtext 1.5pt;padding:0in;mso-padding-alt:1.0pt 0in 1.0pt 0in">JUDGMENT<o:p></o:p>

</div><o:p>&nbsp;</o:p>The Plaintiff’s claim was for the
amount of GH¢282,546.10 together with interest being the outstanding debt due
in respect of the facility awarded to the 1st Defendant.<o:p></o:p><o:p>&nbsp;</o:p>The Plaintiff also prayed for a
declaration that the 3rd Defendant’s conducted amounted to deceit
and false representation as well as damages against 3rd Defendant.<o:p></o:p><o:p>&nbsp;</o:p>It was the Plaintiff’s case as set
forth in their Further Amended Statement of Claim filed on 20th
March 2014, that they had by an agreement with the 1st Defendant in
which the 1st Defendant would be granted a facility to enable them
purchase sugar from the 2nd Defendant.&nbsp; In furtherance of this agreement, they had
disbursed an amount of GH¢224,000.00 to 2nd Defendant on behalf of 1st
Defendant.&nbsp; They stated further that the
1st Defendant assigned to them, his interest in the sugar as
security for repayment of the loan.<o:p></o:p><o:p>&nbsp;</o:p>It was the Plaintiff’s case that a
bankers draft was to be presented to the 2nd Defendant and that this
draft would be cleared by the 3rd Defendant only after the sugar had
been delivered to 1st Defendant.&nbsp;
In furtherance of this agreement, the Plaintiff stated that the Cluster
Head of the 3rd Defendant’s Bank assured them that a Post No Debit
status would be applied to the 2nd Defendant’s account until the
sugar had been handed over to the 1st Defendant and the Plaintiff
had confirmed same.<o:p></o:p><o:p>&nbsp;</o:p>According to the Plaintiff, in spite
of this, the 2nd Defendant failed to supply the sugar and without
any confirmation from them, the 3rd Defendant went ahead to allow
the 2nd Defendant access to the funds deposited in 2nd
Defendant’s account.&nbsp; <o:p></o:p><o:p>&nbsp;</o:p>The Plaintiff therefore made this
claim jointly and severally against 1st, 2nd and 3rd
Defendants.&nbsp; The 4th Defendant
was later on joined to the suit by the 2nd Defendant.<o:p></o:p><o:p>&nbsp;</o:p>The 1st Defendant in his
Amended Statement of Defence stated that though he entered into an agreement
with the Plaintiff for an amount of GH¢550,000.00, an amount of GH¢224,000.00
was disbursed to the 2nd Defendant for the purchase of sugar.&nbsp; However, title of the sugar never passed to
the 1st Defendant as agreed.&nbsp;
The 1st Defendant accused the Plaintiff of negligence in that
the Plaintiff did not ensure that the money it paid to the 2nd
Defendant for the 1st Defendant’s benefit actually benefitted the 1st
Defendant.&nbsp; The 1st Defendant
also contended that the Plaintiff who had an interest in the 10,000 bags of
sugar had failed to ensure that the said bags of sugar were indeed transferred
to the 1st Defendant.&nbsp; <o:p></o:p><o:p>&nbsp;</o:p>The 1st Defendant lay the
blame for the failure of its transaction on the action and inactions of the
Plaintiff, 2nd, 3rd and 4th Defendants.<o:p></o:p><o:p>&nbsp;</o:p>The 1st Defendant
therefore made a counterclaim for the following reliefs:<o:p></o:p><o:p>&nbsp;</o:p>i.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
A
declaration that the actions and inactions of the Plaintiff together with the 2nd,
3rd and 4th Defendants resulted in the loss of prospective
earnings to the 1st Defendant amounting to GH¢250,000.00.<o:p></o:p>