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AGYEKUM v. ASAKUM ENGINEERING AND CONSTRUCTION LTD.

1990

SUPREME COURT

GHANA

CORAM

  • ADADE
  • FRANCOIS
  • AMUA-SEKYI
  • AIKINS JJ.S.C.
  • ADJABENG J.A

Areas of Law

  • Civil Procedure
  • Corporate Law
  • Evidence Law

AI Generated Summary

Asakum Engineering & Construction Ltd. sued its former general manager and director, Maxwell Kwasi Agyeman-Agyekum, for the return of listed machinery and equipment, damages for wrongful detention, mesne profits, and an injunction restraining use of company assets. The defendant, while overseeing the European Development Fund–backed Weija Irrigation Project under the Government of Ghana, formed Ladco Ltd. and used Asakum’s equipment for competitive work. After an initial refusal by Adadevoh J. to strike out the defence, the Court of Appeal set aside a related ruling by Ampiah J., creating a new situation. Lutterodt J. struck out paragraphs 4–9 of the defence and entered judgment for the plaintiffs. The Court of Appeal largely affirmed. On further appeal, the Supreme Court majority (Amuah-Sekyi, Francois, Adjabeng) held the defence disclosed no reasonable answer, endorsed the High Court’s strike-out and judgment on admissions, and dismissed the appeal; Adade and Aikins dissented.

JUDGMENT