ALEX WILKINSON (PLAINTIFF) vs. ECONOMIC AND ORGANISED CRIME OFFICE (DEFENDANT) [2018]DLHC7228

Date	2018-02-20
Suit No.	SUIT NO. CM/OCC/0317/17
Citation No.	[2018]DLHC7228

JANAPARE A. BARTELS-KODWO (MRS.)

GEORGE ABORGAH FOR THE PLAINTIFF

JACQUELINE AVOTRI WITH ABU ISSAH FOR THE DEFENDANT

[2018]DLHC7228
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													<main id="main" class="content" style="min-height: 60rem" >ALEX WILKINSON<o:p></o:p>(PLAINTIFF)<o:p></o:p>vs.<o:p></o:p>ECONOMIC AND ORGANISED
CRIME OFFICE<o:p></o:p>(DEFENDANT)<o:p></o:p><p class="MsoNormal" align="center" style="margin-top:0in;margin-right:-12.2pt;
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mso-border-shadow:yes"><o:p>&nbsp;</o:p><p class="MsoNormal" align="center" style="margin-top:0in;margin-right:-12.2pt;
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mso-border-shadow:yes">[HIGH COURT, ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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SUIT NO. CM/OCC/0317/17&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: 20TH FEBRUARY, 2018<o:p></o:p>

</div>COUNSEL:<o:p></o:p>GEORGE
ABORGAH FOR THE PLAINTIFF <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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JACQUELINE AVOTRI WITH ABU ISSAH FOR THE
DEFENDANT <o:p></o:p>

</div>CORAM:&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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JANAPARE A. BARTELS-KODWO (MRS.),<o:p></o:p>

</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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</div>The Plaintiff took out a Writ on 17th May, 2017 for the
recovery of the sum of Forty Thousand Ghana Cedis (GH¢40,000.00) with interest
on the said sum at the prevailing commercial rate from June 12, 2014 to date of
final payment. As well as for costs and any other reliefs the court may deem fit.
<o:p></o:p>The facts of the matter are that sometime in January 2014 the
Plaintiff with the assistance of a friend, one Nana Akosua Kankam who knew
Emmanuel Abbey the Managing Director of Millennium Energy Limited transferred
from his account at Merchant Bank Ghana Limited now Universal Merchant Bank,
Accra North Branch, the sum of Three Hundred and Fifty Thousand Ghana Cedis
(GH¢350,000.00) to the Agricultural Development Bank, Nima Branch Account of
Millennium Energy Limited. <o:p></o:p>The purpose of this transfer, the Plaintiff asserts, was to enable
Emmanuel Abbey withdraw the amount paid into the account for the Plaintiff
because Plaintiff’s own bank Merchant Bank would not allow him to withdraw more
than Fifteen Thousand Ghana Cedis (GH¢15,000.00) a week due to cash flow
challenges they were experiencing at the time. The Plaintiff asserts that Abbey
asked to borrow Forty Thousand Ghana Cedis (GH¢40,000.00) from the amount
through Nana Akosua Kankam to enable Millennium Energy Limited clear goods from
the port for the benefit of Emmanuel Abbey and Millennium Energy Limited. He
therefore received Three Hundred and Ten Thousand Ghana Cedis (GH¢310,000.00)
through Nana Akosua Kankam. The Defendant has since failed to pay back the
amount borrowed. <o:p></o:p>Plaintiff therefore took an earlier action on June 2, 2014 against
Abbey and Millennium Energy Limited to recover the said sum. He received a
letter dated June 5, 2014 from the Defendant inviting him to report at its
offices with records pertaining to his Universal Merchant Bank Account to which
he obliged. Then the Defendants in the earlier suit filed a defence stating the
Forty Thousand Ghana Cedis (GH¢40,000.00) had been paid to the Defendant herein
this suit. He therefore wrote to the Defendant requesting confirmation of the payment
and a request for the release of the sum paid to them. He did not receive any
acknowledgment from the Defendant and it failed to pay the sum to him. <o:p></o:p>The Plaintiff contends that the continuous keeping of the sum in
issue by the Defendant is illegal and an affront to his right to own property
hence this Suit. Following the institution of this Writ the Defendant on June
13, 2017 paid the sum of Forty Thousand Ghana Cedis (GH¢40,000.00) to the
Plaintiff as seen per the cheque and pay in slip to his account in Exhibits AW2
and AW3 attached to this present application. <o:p></o:p>The Plaintiff/Applicant has therefore brought this present
application asking for payment of interest on the sum in issue because in his
view the Defendant kept his money unlawfully for three (3) years and
considering the value of money over this period of time when he was denied the
use of his money, he is entitled to be compensated with interest on the sum in
issue at the prevailingcommercial rate from 12th June, 2014 to 28th
June, 2017. <o:p></o:p>In support of his application for the payment of interest, learned
Counsel for the Applicant relied on his substantive and supplementary
affidavits in support of the application filed on 11th December,
2017. He referred the Court to the case of Delle and Delle V. Owusu –Afriyie
reported in 2005-2006 SCGLR at page 60 particularly pages 70 to 71 and argued
that the basic principle that guides the court for award of interest is that
where the Defendant unlawfully denies (emphasis
mine) the Plaintiff the use of his money, it is required that the Plaintiff is
compensated by the Defendant. <o:p></o:p>He submits that this has been the case with them and so the Court
should award interest in favour of the Plaintiff. He argued that the value of
the Forty Thousand Ghana Cedis (GH¢40,000.00) that the Defendant had kept
unlawfully is not the same value as we have it now. Furthermore he relied also
on C.I. 52 which is headed Court (Award of Interest and Post-Judgment Interest)
Rules, 2005 r 1 as seen below: <o:p></o:p>