2015
HIGH COURT
GHANA
CORAM
AI Generated Summary
Denhan International (Ghana) Limited sued its former Managing Director, Mauro Rossi, Trucks Ghana Ltd, and an individual (the 1st Defendant) to recover company assets and monies allegedly diverted through a sham sale of a MAN truck (AW 1035 Y) and other fraudulent acts. Denhan’s directors, Farah Raymond and David Risvegli, testified that company records, maintenance invoices, and insurance history proved the truck was purchased and treated as a corporate asset, while proceeds from Agyapaddo Construction Works Ltd were diverted by Rossi. MET Insurance records and a police cautioned statement supported Denhan’s case; Rossi admitted the truck was bought by the company but registered in his name. The High Court found fraud, ordered transfer of legal title to Denhan for trucks and equipment, awarded GH107,041.15 plus interest and punitive damages against Rossi, punitive damages against all defendants, and directed the DVLA to register assets in Denhan’s name, while dismissing all counterclaims.
JUDGMENT
Denhan International (Ghana) Limited instituted the present action against the Defendants herein for these reliefs as set out on its writ of summons filed on 21/03/2013:
a) A declaration that the truck with Registration No. AW 1035 Y is the property of the Plaintiff Company;
b) Recovery of the sum of GH¢107,336.51 from the third Defendant made up as follows:
GH¢29,548.13 which the 3rd Defendant unlawfully authorized his wife to use the Plaintiff Company's ATM card to withdraw without any authorization from Plaintiff;
GH¢54,888.38 which Agyapaddo Construction Works paid to 3rd Defendant personally as proceeds/income accruing from Plaintiff's truck with Registration No. AW 1035Y and GH¢ 22,900.00 which the 3rd Defendant unlawfully withdrew from the Plaintiff's accounts after he had been suspended as director of the plaintiff's company.
c) Interest on the sum of GH¢107,336.51 at the prevailing Bank rate from December 2012, till date of final payment.
d) Recovery of GH¢588,323.75 from the 3rd defendant which said sum were unaccounted for withdrawals made by the 3rd Defendant from the Plaintiff's account between 2011 and 2012.
e) An order cancelling the names (if any) of the defendants on the Plaintiff's truck with Registration number AW 1035 Y.
f) A declaration that the following properties are the properties of plaintiff: two excavators; 2 trucks and 5 flat beds and recovery of possession of the said properties from the 2nd Defendant.
g) General Damages for fraud against the 3rd Defendant for breach of his fiduciary relationship as director of Plaintiff company.
h) Any other relief appropriate in the circumstance of this case.
A gist of the Plaintiff's case is that the 3rd Defendant who used to be its Managing Director, fraudulently misrepresented to the Plaintiff Company that its vehicle with registration number AW 1035 Y purchased in the year 2006 had been sold to one Godfred Asante and subsequently to the 1st Defendant. As required by law, the Plaintiff stated the particulars of fraud as follows:
a) The investigation conducted by Plaintiff's official revealed that the aforementioned truck has been purportedly sold out to one Godfred Asante.
b) Although the said truck was alleged to have been sold out by the 3rd Defendant, the same truck was being treated as the property of the Plaintiff Company.
c) The driver of the truck at all time material was being paid from the funds of the Plaintiff and so were the cost of all the expenses inc