JOSEPH BINEY v. KINGSLEY AMANKWAH & OTHERS
2015
COURT OF APPEAL
GHANA
CORAM
- GYAESAYOR, JA (PRESIDING)
- ADUAMA OSEI, JA
- DZAMEFE, JA
Areas of Law
- Commercial Law
- Corporate Law
- Civil Procedure
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
Plaintiff sought numerous reliefs against the Defendants, alleging breaches of fiduciary duties and fraud. The trial Court denied all reliefs on grounds that the Plaintiff also breached his fiduciary duties and participated in the alleged breaches. On appeal, the Court upheld the trial Courts decisions, affirming that the discretion to amend pleadings and recall witnesses was properly exercised and that the Plaintiff's evidence failed to establish fraud. Thus, the appeal was dismissed with costs awarded to the Respondents.
J U D G M E N T
ADUAMA OSEI
In this judgment, the Plaintiff/Appellant is called “the Plaintiff”, and the Defendants/Respondents are called “the Defendants”.
By a writ of summons issued in the Commercial Division of the High Court, Accra, on the 9th of November, 2009, the Plaintiff sought the following reliefs against the Defendants:
“i. An order directed at the Registrar of Companies to cancel the registration of 3rd defendant company forthwith.
“ii. An order directed at John Deere International GmbH to bring all records of moneys paid to either 2nd or 3rd defendant to court to establish payments made on 2nd defendant’s commission to date.
“iii. An order compelling 1st defendant to return all moneys due to 2nd defendant received by him in the name of 2nd defendant or 3rd defendant to 2nd defendant’s account under the supervision of the court.
“iv. A declaration that any act purported to have been carried out by 3rd defendant in the name of 2nd defendant including contracts and alleged expenditure are acts of fraud.
“v. An order of court rescinding every agreement and setting aside every transaction purported to have been entered into by 3rd defendant through the misacts of the 1st defendant, his agents and representatives and all persons purporting to be shareholders and directors of 3rd defendant company.
“vi. An injunction restraining all parties including their agents, servants, assigns and such other persons from operating the accounts of 2nd defendant company held with Prudential Band, SG-SSB, and any bank including Ecobank Ghana, Barclays Bank Ghana holding accounts in the name of the 3rd defendant or 2nd defendant without leave of court pending the final completion of this action.
“vii. An injunction restraining John Deere Int. GmbH and Ministry of Food and Agriculture from communicating or dealing in any way with 1st defendant as a representative of 2nd or 3rd defendant pending the final orders of this court.
“viii. General damages for the fraud perpetrated against plaintiff and 2nd defendant company payable by 1st defendant and 3rd defendant.
“ix. An order compelling 1st and 3rd defendants to account for and reimburse 2nd defendant for the sums of money received from the fraud perpetrated against 2nd defendant.”
In reaction to the above claims, the 1st and 3rd Defendants contended in their statement of defence that the Plaintiff had no cause of action against the Defendants and, accordingly, that the Plaintiff was not entitled to any