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SUPER PAPER PRODUCTS CO. LTD V. KYOMATSU TRADING CO LTD. AND OTHERS

(2014) JELR 67396 (CA)

Court of Appeal  •  CIVIL APPEAL NO. H1/31/2010  •  22 May 2014  •  Ghana

Coram
KUSI-APPIAH J.A (PRESIDING), OFOE J.A ,DZAMEFE J.A

Appearances
ANTHONY KWAKYE FOR PLAINTIFF/APPELLANT, GEORGE ESHUN FOR DEFENDANTS/RESPONDENTS

Judgement

JUDGEMENT

OFOE,J.A.

The plaintiff is a Ghanaian registered company. 1st and 3rd defendants are Chinese registered companies. The 4th defendant was the Managing Director of the plaintiff companies at the same time the Managing Director of the 3rd defendant company. As for the 2nd defendant it is the case of the plaintiff that he was falsely put up, with his knowledge, by the 4th defendant as the Managing Director of the 1st defendant company but behind the scenes it was the 4th defendant who was in charge of that company. The main allegation of the plaintiff is that the 4th defendant in his dual position as Managing Director of these two companies and with the influence that he had over the 1st defendant company manipulated all these Chinese companies and succeeded in defrauding the plaintiff company of several millions of dollars. The 4th defendant had the collaboration of the 1st and 2nd defendants in perpetrating this fraud. The plaintiff’s allegation continued, that the fraud was per…

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