SCANSCOM PLC vs HARRIET’S GOLD LIMITED & ORS

An Amended Writ of Summons and Statement of Claim was filed in the Registry of this Court by the Plaintiff herein on the 24th of November, 2020 for the following claims jointly and severally against the Defendants herein:

1. The sum of GHC 6,533, 135.47 (Six Million Five Hundred and Thirty-Three Thousand, One Hundred and Thirty-Five Ghana Cedis, Forty—Seven Pesewas) being Defendants’ outstanding indebtedness to Plaintiff in respect of unpaid bills

2. Interest on the said sum at the bank rate from 2nd day of April, 2018 till the date of final payment.

3. Costs

The Case of Plaintiff

The case of Plaintiff as contained in its Amended Statement of Claim dated the 24th day of November, 2020 and Reply dated the 17th day of October 2018 is that, Plaintiff is a company registered under the laws of Ghana, and a provider of mobile telecommunication services among other services. 1st Defendant is a limited company and purports to engage in the businesses of import, export, trade and building construction with its registered office at Accra. 2nd Defendant is a Shareholder, Chief Executive Officer and Managing Director as well as Company Secretary of 1st Defendant Company whilst 3rd Defendant is Shareholder and a Director of 1st Defendant.

Plaintiff provides prepaid and postpaid telephony services which enable subscribers to pay for their mobile telecommunication bills before use or in arrears. 1st Defendant is a postpaid subscriber on Plaintiff’s telephony network. 1st Defendant initially applied for and received 2 (two) registered postpaid lines (0540125937 & 0540125936) from Plaintiff. 1st Defendant subsequently applied for a corporate account, requested for its 2 (two) postpaid lines to be registered under the corporate account, and further requested additional 20 (twenty) postpaid lines, bringing the total number of postpaid lines to 22 (twenty-two) in respect of the corporate account 1st Defendant sought from Plaintiff. 1st Defendant requested that a monthly limit of GH¢150.00 (One Hundred and Fifty Ghana Cedis) be set on the first two (2) lines (0540125937 & 0540125936) and a limit of GH¢50.00 (Fifty Ghana Cedis) be set on the additional 20 (twenty) postpaid lines which were added to 1st Defendant’s corporate account.

As part of the requirements and procedure for opening and running a corporate account, 2nd Defendant acting for and on behalf of 1st Defendant completed a Customer Data Form (CDF). 2nd Defendant indicated on the CDF that 1st Defendant’s au