NNEST METAL COMPANY v. MOHAMAD NASSEREDDINE

[1] The Plaintiff commenced the instant action by filing a Writ of Summons and Statement of Claim against the Defendant through its lawful attorney, Nidal Nassereddine on 8th August 2023.

[2] The Plaintiff is a registered company in the Republic of Ghana engaged in the business of buying and processing of scrap metals.

[3] Plaintiff avers that the Defendant is the Managing Director of Plaintiff company.

[4] Upon service of the said processes on Defendant, he filed his Statement of Defence on 13th October 2023.

[5] Subsequently, the Plaintiff amended the Writ of Summons and Statement of Claim pursuant to an Order of the Court dated 11th July 2024. The Plaintiff is praying the following reliefs:

a. An order in favour of the Plaintiff against the Defendant to release the three (3) properties situate in Turkey as described above and held in trust by the Defendant in trust for the Plaintiff. (Subsequently the Plaintiff withdrew Relief “A” with leave of the court).

b. An order against the Defendant to undertake the stock taking exercise to establish stock level of the Plaintiff company.

c. An order directed against the Defendant to properly hand-over his duties as the Managing Director of Plaintiff company to the CEO.

d. An order directed against the Defendant for the recovery of the sum of US$280,000.00 wrongly received by the Defendant.

e. Damages for breach of contract.

f. Costs inclusive of legal fees.

[6] Thereafter, the Defendant filed an Amended Statement of Defence on 1st November 2024.

[7] After the Case Management Conference, trial commenced on 20th October 2025 and ended on 29th October 2025.

THE CASE OF THE PLAINTIFF

[8] Plaintiff contends that it came to light after Defendant abandoned Plaintiff Company that the Contract of Employment between the Defendant and Plaintiff’s head office was never signed. However, Defendant managed the operations of the Plaintiff and its branches.

[9] Further, Plaintiff contends that per the said Employment Contract, Plaintiff was responsible for daily management of Stock, monthly settlement of Stock and duties assigned by the Chief Executive Officer of Plaintiff. The said CEO is the brother of Defendant.

[10] It is the case of Plaintiff that the Defendant failed to take stock after repeated demands on him by the CEO, abandoned his duties as Managing Director (MD) and left his post.

[11] That the Defendant failed to hand over his duties as MD of