ALEX WILKINSON VS MILLENNIUM ENERGY & ANOR
2016
HIGH COURT
GHANA
CORAM
- JENNIFER DODOO (MRS)
Areas of Law
- Contract Law
- Evidence Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The plaintiff sued the defendants for GH¢40,000, alleging it was borrowed to clear goods but unrepaid. The plaintiff had transferred GH¢350,000 to the defendants' account, of which GH¢310,000 was returned. The remaining GH¢40,000 was placed into an EOCO account due to suspected fraud. The court confirmed the transfer and partial repayment but noted the outstanding amount remained with EOCO, unavailable until its investigation concluded, leading to the dismissal of the plaintiff's claim.
The Plaintiff’s claim against the Defendants a Limited Liability Company and its Managing Director jointly and severally was for the sum of GH¢40, 000. 00 together with interest and costs.
It was his case that his bank only allowed him to withdraw an amount of GH¢15, 000. 00 weekly.
Through the assistance of a friend, one Nana Akosua Kankam, he transferred GH¢350, 000. 00 from his account at Merchant Bank Ltd to the 1st Defendant’s account at ADB.
He stated further that the arrangement was for the 2nd Defendant to withdraw the money and pay it to him.
He stated also that the 2nd Defendant through, Nana Akosua Kankam borrowed GH¢40, 000. 00 to enable him clear goods at the port.
This was the GH¢40, 000. 00 he had sued for since same remained due and owing.
The Defendants in their defence stated that they did not enter into any transaction with the Plaintiff.
At all materials times, they said they dealt with Nana Akosua Kankam They said suspecting the whole transaction was mired in fraud, they asked Nana Akosua Kankam to indemnify 2nd Defendant which she refused to do.
Subsequently, the Defendants lodged a complaint with the Economic and Organized Crime Office (EOCO) and the GH¢40, 000. 00 had been paid into the EOCO Exhibit Account.
The issues slated for trial were: 1. Whether or not the Plaintiff transferred the sum of GH¢350, 000. 00 from his account into the 1st Defendant’s account? 2. Whether or not the Defendant repaid the sum of ¢310, 000. 00 to the Plaintiff? 3. Whether the Defendant borrowed the sum of GH¢40, 000. 00 from the said sum transferred into the 1st Defendant’s account? 4. Whether or not the Defendants have repaid the said loan of GH¢40, 000. 00 to the Plaintiff? 5. Whether or not the Plaintiff is aware that EOCO has directed the Defendants to deposit the sum of GH¢40, 000. 00 being the subject matter of the dispute? 1. Whether or not the Plaintiff transferred the sum of GH¢350, 000. 00 from his account into the 1st Defendant’s account? The Defendants in their Statements of Defence have denied entering into any transaction with the Plaintiff.
They averred that at all material times, they dealt with one Nana Akosua Kankam.
In 2nd Defendant’s witness statement however, he states at paragraphs 2 and 4 as follows.