DALEX FINANCE & LEASING CO. vs. EBENEZER AMANOR, LGG COMPANY LIMITED and HUAWEI TECHNOLOGY (GH) [2018]DLCA10023

DALEX FINANCE & LEASING CO. vs. EBENEZER AMANOR, LGG COMPANY LIMITED and HUAWEI... [2018]DLCA10023

Date	2018-05-29
Suit No.	SUIT NO. HI/45/2018
Citation No.	[2018]DLCA10023

OFOE J.A

ACKAH-YENSU J.A

AMADU J.A

SAMUEL CUDJOE FOR THE APPELLANT

ZWENNES FOR THE RESPONDENT

[2018]DLCA10023
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													<main id="main" class="content" style="min-height: 60rem" >DALEX FINANCE &amp; LEASING CO.<o:p></o:p>(PLAINTIFF/APPELLANT)<o:p></o:p>vs.<o:p></o:p>EBENEZER AMANOR, LGG COMPANY LIMITED and HUAWEI TECHNOLOGY (GH)<o:p></o:p>&nbsp;(1ST DEFENDANT/2ND
DEFENDANT/3RD DEF/ RESPONDENT)<o:p></o:p>[COURT OF APPEAL, ACCRA]<o:p></o:p>&nbsp;<div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0cm 0cm 1pt;">

</div>COUNSEL:<o:p></o:p>SAMUEL
CUDJOE FOR THE APPELLANT<o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0cm;">

ZWENNES
FOR THE RESPONDENT<o:p></o:p>

</div>CORAM: <o:p></o:p>OFOE
J.A, ACKAH-YENSU J.A, AMADU J.A<o:p></o:p><div style="border-top-width: 1.5pt; border-top-color: windowtext; border-left: none; border-bottom-width: 1.5pt; border-bottom-color: windowtext; border-right: none; padding: 1pt 0cm;">

<p class="MsoNormal" align="center" style="margin-bottom:0cm;margin-bottom:.0001pt;
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:0cm;mso-padding-alt:1.0pt 0cm 1.0pt 0cm">JUDGMENT<o:p></o:p>

</div>&nbsp;OFOE,J.A:<o:p></o:p>The relevant
part of the pleadings of the plaintiff has it that on various dates of 16th May
2012, 16th July 2012 and 13th Nov 2012, on the request of
the 1st defendant who is the Managing Director of the 2ndd
defendant, it gave out loans of GHC2,317,112.00, GHC3,622,500.00, and GHC600,000.00
respectively to the 2nd defendant for the purpose of discounting
invoices presented to it by the 1st defendant. The circumstances of
this discounting transaction and the end result can be stated briefly as
follows:<o:p></o:p>&nbsp;The 1st defendant informed the
plaintiff that it’s company, the 2nd defendant, had executed a
supply contract with the 3rd defendant and was awaiting payment. The
invoice amounts were GHC3,310,160.00, GHC5,175,000.00 and was ready to discount
them for loans from the plaintiff. Eventually the discounting transaction
materialized and various monies were paid to the 1st and 2nd
defendants. It is the case of the plaintiff that before advancing the loans to
the 1st and 2nd defendant, it enquired from the 3rd
defendant and satisfied itself of the existence of the supply contract between
the 2nd defendant and the 3rd defendant. It also
satisfied itself of the values of the invoices and whether indeed there were
any such monies to the tune mentioned by the 1st defendant to be
paid by the 3rd defendant to the 1st and 2nd
defendants. According to the plaintiff it had positive answers both oral and in
writing on all its enquiries from one Mr. Oseku, the Country Finance Manager of
the 3rd defendant. It is the case of the plaintiff that it was
agreed between it and the 3rd defendant that for a more convenient
transfers of any payments when due to the 2nd defendant, the monies
should be paid in the joint names of the plaintiff and the 2nd
defendant and into the plaintiffs account at Fidelity, Ridge Towers branch. The
plaintiff contends that it was the confirmation given it by Mr. Oseku that
there was such existing contract and outstanding payment to be made by the 3rd
defendant to the 1st and 2nd defendant and the guarantee
by Mr. Oseku on behalf of the 3rd defendant that it will pay the
outstanding sums in their joint names into the Fidelity Account that it gave
out all the loans to the 2nd defendant. Subsequent events showed
that the discounting transaction which was introduced by the 1st
defendant to the plaintiff was fraudulent leading to the loss of almost all the
loan plaintiff granted the 1st and 2nd defendants. Since
in all the transactions towards giving out the loans to the 1st and 2nd
defendants the office of the 3rd defendant was contacted and it gave
its confirmation of the genuineness of the invoices and invoice amounts both
orally and in writing, it is the contention of the plaintiff that the 3rd
defendant should be held jointly liable with the 1st and 2nd
defendant in paying back the loan it gave to the 1st and 2nd
defendants. It is for these reasons it sued the defendants in the High Court
claiming:<o:p></o:p>&nbsp;“a.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; A
declaration that 1st, 2nd and 3rd defendants
are jointly and severally liable to plaintiff for:<o:p></o:p>i.<span style="font-style: normal; font-variant-numeric: normal; font-variant-east-asian: normal; font-weight: normal; font-stretch: normal; font-size: 7pt; line-height: normal; font-family: &quot;Times New Roman&quot;;">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
The sum of GH¢3,152,226.20 (Three
Million, One Hundred and Fifty-two Thousand, Two Hundred and Twenty-six Ghana
Cedis, Twenty Pesewas) being loan granted to 1st and 2nd
defendants together with accrued interest as at the 17th day of
February, 2013.<o:p></o:p>ii.<span style="font-style: normal; font-variant-numeric: normal; font-variant-east-asian: normal; font-weight: normal; font-stretch: normal; font-size: 7pt; line-height: normal; font-family: &quot;Times New Roman&quot;;">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
The sum of GH¢4,766,962.88 (Four
Million, Seven Hundred and Sixty-six Thousand, Nine Hundred and Six-two Ghana
Cedis, Eighty-eight Pesewas) being loan granted to 2nd defendant on
the 16th day of July 2012 together with accrued interest as at 17th
day of February, 2013.<o:p></o:p>