Eskwai logo
Verify now as a student, judge or newly called lawyer for access to discounted plans.

CAPE TRADING COMPANY LTD. vs MICHAEL KWARTENG

2025

HIGH COURT

Areas of Law

  • Contract Law
  • Evidence Law
  • Equity and Trusts
  • Property and Real Estate Law
  • Civil Procedure

AI Generated Summary

Cape Trading Company Ltd. sued its former employee, Michael Kwarteng, alleging he embezzled funds and seeking to enforce a September 2009 Memorandum of Understanding (Exhibit A) and a December 2009 mortgage (Exhibit B) over Kwarteng’s house at Manet Housing Estates, Nungua, Accra. The instruments recorded an agreement to repay GHS51,400 at 32% annual interest. Kwarteng denied embezzlement and claimed police coercion and undue influence led to the instruments, asking the court to set them aside as unconscionable. The court held the embezzlement was not proved, but also found the duress narrative not credible because the instruments were executed months before police involvement. It enforced the agreements, awarding GHS26,000 plus commercial interest, denied judicial sale because the mortgage was only stamped and not registered, and awarded costs of GHS10,000.

JUDGMENT