DANSO VRS. INTECELL INVESTMENT LTD. AND OTHERS (J4/32/2020) [2020] GHASC 142 (11 November 2020)

DANSO VRS. INTECELL INVESTMENT LTD. AND OTHERS (J4/32/2020) [2020] GHASC 142 (11 November 2020)

The Supreme Court held that the existence of triable issues and allegations of fraud rendered the grant of summary judgment inappropriate. The lower courts erred in imputing fraud and holding the directors personally liable without a full trial and proper evidence. The case is remitted to the High Court for trial.

Citation
[2020] GHASC 142
Parties
Plaintiff/respondent/respondent: Daniel Gibson Danso; Defendant: Intecelle Investment Ltd.; Defendant/appellant/appellant: Kudjo Anku; Defendant/appellant/appellant: David Fameye; Defendant/appellant/appellant: David Osei-Manu
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
11 November 2020
Case Number
J4/32/2020
Procedural Posture
Civil Appeal / Appeal From Court of Appeal to Supreme Court
Outcome
appeal allowed
Legal Topics
Lifting Corporate Veil, Summary Judgment, Misjoinder, Fraud, Illegality of Contract
Source Language
English
Company Law Contract Law Civil Procedure Lifting Corporate Veil Summary Judgment Misjoinder Fraud Illegality of Contract

Case Brief

Summary, issues, holding and outcome

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Parties

Daniel Gibson Danso

Plaintiff/respondent/respondent

Intecelle Investment Ltd.

Defendant

Kudjo Anku

Defendant/appellant/appellant

David Fameye

Defendant/appellant/appellant

David Osei-Manu

Defendant/appellant/appellant

Procedural Posture

Civil Appeal / Appeal From Court of Appeal to Supreme Court

Legal Issues

  1. 1 Whether summary judgment was appropriate where allegations of fraud and triable issues existed
  2. 2 Whether the directors of the company could be held personally liable for the company's debt
  3. 3 Whether the veil of incorporation should be lifted in the circumstances

Ratio Decidendi

The Supreme Court held that the existence of triable issues and allegations of fraud rendered the grant of summary judgment inappropriate. The lower courts erred in imputing fraud and holding the directors personally liable without a full trial and proper evidence. The case is remitted to the High Court for trial.

Court Disposition

appeal allowed

Orders

  • Judgment of the Court of Appeal dated 18th July, 2019 set aside
  • Case remitted to the High Court for full trial