SIC INSURANCE COMPANY LTD. V. IVORY FINANCE COMPANY LTD., DORIS AWO NKANI, ITALCONSTRUCT INTERNATIONAL LTD., KWESI BAIDOO AND JAMES KWEGYIR AGGREY

JUDGEMENT

ANIN YEBOAH, JSC:-

On 26/1/2015, the Plaintiff/Appellant/Appellant herein (who for sake of brevity shall be referred to as the Plaintiff) commenced these proceedings at the Commercial Division of the High Court, Accra, against the five defendants (who shall be referred to in this judgment as the defendants) for several reliefs endorsed on the writ of summons thus:

(a) a declaration that the 2^nd Defendant acted in breach of Section 203 of the Companies Act 1963 (Act 179) in issuing the First and Second Guarantee bonds;

(b) a declaration that the 2^nd Defendant acted in breach of Section 203 of the Companies Act 1963 (Act 179) in negotiating and signing the Terms of Settlement;

(c) a declaration that the consent judgment entered against the Plaintiff on 27^th November 2014 was procured by fraud perpetrated by the defendants herein;

(d) an order to set aside the consent judgment entered against the plaintiff on 27^th November 2014;

(e) damages against the 2^nd Defendant for breach of Sect…