EDUSEI v. DINERS CLUB SUISSE S.A.

Francois J.A. authored the Court of Appeal decision dismissing Mr Krobo Edusei challenge to a summary judgment obtained by The Diners Club of Switzerland, a body corporate incorporated in Switzerland, for unpaid credit card bills allegedly around ,000. Edusei claimed a third party was responsible for his debts, that performance in Zurich deprived Ghanaian courts of jurisdiction, that discrepancies between Diners Club claim and his banking letter defeated summary judgment, that the supporting affidavit lacked personal knowledge contrary to Accra Furniture v. Indart, and that an unregistered foreign company could not sue in Ghana. The court held Edusei remained personally liable on a non-transferable card he signed for, waived forum objections by unconditional appearance, and that the letter showed acknowledgement while the amount sued comprised undisputed bills. It applied LI 1129 new Order 14 rule 4 permitting affidavits on information or belief, prioritized statute over precedent, and distinguished partnership cases to affirm a foreign limited liability company capacity to sue, subject to security for costs. Appeal dismissed and payment into court ordered.