JULIAN KING VRS SCANCOM PLC (MTN GHANA) & 2ORS
June 12, 2025
COURT OF APPEAL
GHANA
CORAM
- MENSAH-DATSA (MRS.), JA (PRESIDING)
- BAAH, JA
- KWAMINA BAIDEN, JA
June 12, 2025
COURT OF APPEAL
GHANA
CORAM
Try asking the following...
This is a matter in which the Plaintiff/Appellant hereinafter referred to as Appellant sued 1st Defendant/Respondent hereinafter referred to as Respondent, together with two others for the following reliefs:
a. A mandatory order of this Honourable High Court instructing SCANCOM PLC (MTN GHANA) to immediately surrender to Vodafone Ghana, GHS 750; being Plaintiff's money they knowingly, voluntarily, and intentionally released and/or paid to Bernard Unction (0242026715) within 48 hours.
b. A mandatory order of this Honourable High Court directing
VODAFONE GHANA (GHANA-TELECOMMUNICATIONS
COMPANY LIMITED) to immediately credit Plaintiff's Vodafone Cash account (0207375429) with GHS 750 within 48 hours.
c. That should SCANCOM PLC (MTN GHANA) and
VODAFONE GHANA (GHANA - TELECOMMUNICATIONS COMPANY LIMITED) fail and/or refuse to comply with the mandatory orders within the specified time, Plaintiff requests further appropriate remedies as may be just and proper by this Honourable High Court jointly and severally.
d. General compensatory and aggravated damages not exceeding the jurisdiction of this Honourable High Court jointly and severally against SCANCOM PLC (MTN GHANA) and VODAFONE GHANA (GHANATELECOMMUNICATIONS
COMPANY LIMITED - GTCL for emotional distress, pain, and suffering, loss of enjoyment of life, unrecoverable time forever taken away from Plaintiff's daily pursuits, and among others due to their recklessness, callousness, and corporate greed.
e. Consequential and incidental damages not exceeding the jurisdiction of this Honourable High Court jointly and severally against SCANCOM PLC (MTN GHANA) and VODAFONE
GHANA (GTCL) for their consistent failure and refusal to adopt reasonable measures to safeguard keen users of their mobile money services such as Plaintiff from losing his hard-earned money needlessly to fraudsters who have taken an exceptional liking to their mobile money services.
f. An award of punitive damages jointly and severally against SCANCOM PLC & VODAFONE GHANA as their conducts were intentional, wilful, and destructive.
g. Additionally, punitive damages jointly and severally against
SCANCOM PLC (MTN GHANA) and VODAFONE GHANA for their constant failure and refusal to put actionable measures in place that would not only deter fraudsters and scammers alike but would foster ardent users such as Plaintiff the means to quickly avert lo
AI Generated Summary
A self-represented Appellant sued Scancom PLC (MTN Ghana), Vodafone Ghana (Ghana Telecommunications Company Limited), and the Attorney-General after paying GHS 750 via Vodafone Cash to vendor Bernard Unction’s MTN MoMo wallet for a power inverter advertised on Jiji.com.gh. Dissatisfied with the sample received, he asked Vodafone to reverse the transfer and alleged Vodafone notified Scancom to hold the funds. Despite assurances, the vendor cashed out. The Appellant sought mandatory orders to reverse the funds, wide-ranging compensatory, aggravated, consequential, incidental, punitive, and special damages, and enforcement of constitutional rights. Scancom failed to enter appearance; the Appellant applied for default judgment. The High Court refused, holding there was no contractual relationship or cause of action against Scancom and struck out the Attorney-General. On appeal, the Appellant argued intentional tort and tortious interference (citing Mason v Wal-Mart) and that the ruling was against the weight of evidence. The Court of Appeal affirmed, emphasizing that default judgment requires a cause of action and that tort liability requires a duty owed, which Scancom owed to its customer Bernard, not the sender. The appeal was dismissed without costs.