MARKET DIRECT v. FATI AHMED IDDRIS & MUHAMMED AMIN IDRIS

JUDGMENT

By an amended writ of summons the plaintiff claims jointly and or severally against the defendants

a. An order for the recovery from the defendants of the sum of GH₵541,041 being (a) amount stolen/embezzled by the 1st defendant and or dishonestly received/handled by the 2nd defendant (b) being further or in the alternative due from the defendants by virtue of their conviction by the Circuit Court, Accra, Ghana in the case “The Republic vs. Fati Ahmed and Muhammed Amin Idris case Number D4/11/09”

b. Further in the alternative Damages

c. A declaration that the defendants hold on constructive trust for plaintiff or are liable to account to plaintiff for all assets now or previously in the defendants’ respective possessions or ownership acquired directly or indirectly with plaintiff’s cash or assets.

d. All necessary accounts and inquiries to enable plaintiff trace and recover the assets in (c) above

e. Orders for the delivery up or transfer to the plaintiff of the assets referred to in (c) above.

f. An injunction restraining the defendants by themselves, their servants, agents, privies or otherwise from disposing of the assets referred to in (c) above.

g. An order freezing the accounts of the defendants held with all banks in Ghana and apportionment of same as well as application of any monies/assets due respectively to defendants to defray their respective indebtedness to plaintiff.

h. Interest on all sums found due at the prevailing commercial rate of interest to dates of final payment.

The defendants filed a defence to the plaintiff’s claim and after the failure of pre-trial settlement the case was set down for hearing. The plaintiff gave evidence at the trial through a representative and then called witnesses to testify in support of its case. The 1st defendant failed to attend the trial and for that matter no evidence was given by her. The 2nd defendant gave evidence and called a witness to support his case.

From the evidence on record the court finds that the 1st defendant is the wife of the 2nd defendant and that, until the incident giving rise to this suit, the 1st defendant was a staff of the accounts department of the plaintiff company.

The court also finds that in the year 2009 the 1st defendant was arraigned before the Circuit Court in Accra on charges of stealing an amount of GH₵541,041 and GH₵2,850 and forgery of document. On the same charge sheet the 2nd defendant was also charged with the offence of dishonestly receiving c