MAZE FARAKH vs SUNNY AWAMINI & ANOTHER
November 7, 2022
HIGH COURT
GHANA
CORAM
- HER LADYSHIP, JANE HARRIET AKWELEY QUAYE (MRS.)
Areas of Law
- Civil Procedure
- Evidence Law
- Contract Law
November 7, 2022
HIGH COURT
GHANA
CORAM
AI Generated Summary
In the High Court of Ghana, a Ukrainian investor sought summary judgment in a teak export dispute against the 1st Defendant and other respondents, claiming USD 6.5 million remitted over several years, 25% interest from December 2017, general damages for breach of contract, costs, and 15% counsel’s fees. He alleged the 1st Defendant supplied forged “official documents” to validate a non‑existent teak enterprise and tendered agreements and WhatsApp chats evidencing requests and confirmations of large payments. The respondents denied receiving funds or issuing forged documents and contended the agreements were executed at the investor’s request to aid foreign backing. Applying Order 14 of C.I. 47, the court held that summary judgment cannot lie where the claim is based on fraud. English authorities cited (Fern Advisers and Wrexham AFC) were deemed persuasive but not binding. Emphasizing Ghanaian precedents and procedural safeguards, the court refused the application and directed the matter to proceed to trial.
A motion on notice for Summary Judgment was filed in the Registry of this Court on the 5th day of July, 2022 on behalf of the Plaintiff/Applicant against the Defendants/Respondents for the following reliefs:
1. An order for Summary Judgment against the Defendants in respect of Plaintiff’s Reliefs (a), (b), (d) and (e) as indorsed on its Writ of Summons and Statement of Claim.
2. Any further order(s) as this honourable Court may deem fit and appropriate to make given the circumstances of the case.
The antecedent of this case can be found in a Writ of Summons and Statement of Claim filed by the Plaintiff on the 31st of March, 2022 against the Defendants seeking the following reliefs.
a) Recovery of the total principal sum of Six Million, Five Hundred Thousand United States Dollars (USD 6,500,000.00).
b) Interest on the above sum calculated at the rate of 25% per annum from the 31st day of December, 2017 until date of final payment.
c) General damages for breach of contract.
d) Costs and expenses of this action.
e) Professional fees of Counsel assessed at the minimum fee of fifteen percent (15%) of the total amount awarded by the Court to Plaintiff.
THE CASE OF THE PLAINTIFF
The case of the Plaintiff/Applicant (hereinafter known as the Applicant), in brief is that he is a Ukrainian citizen who entered into business transactions with the 1st Defendant for the purchase and export of teak wood in Ghana. According to the Plaintiff, between the period of 2017 and 2022 through several instalments or tranches of monies, he sent a total amount of Six Million, Five Handed Thousand United Stated Dollars (USD 6,500, 000.00) to the 1st Defendant for the purchase of wood. That during the purported transactions, the 1st Defendant provided him with a number of “official documents” emanating from state authorities to provide assurance of 1st Defendant’s qualification to undertake the transaction however, he got to know all the documents were fake and forged by 1st Defendant. The said documents were supplied by the 1st Defendant to hoodwink Plaintiff to part with money to 1st Defendant. The Plaintiff pleaded particulars of fraud against the 1st Defendant in his Statement of Claim.
In its Affidavit in Support, the Plaintiff averred that it is clear from the evidence that the 1st Defendant took all the money from Plaintiff to supply teak but failed to do so. 1st Defendant admits signing the agreements (Exhibit ‘A’) and admitted Exhibit ‘B’ which are WhatsApp conver