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The Tema Oil Refinery (TOR) is hell bent on retrieving every dime it lost in judgment debt to Africa Automobile Limited (AAL) and has filed a writ at the High Court accusing AAL of fraud.
Lawyer for TOR Agyabeng Akrasi claims AAL secured the previous judgment through fraud and dishonesty and is seeking an order to set aside the previous judgments.
In 2008, AAL was awarded €945,000 in damages at the High Court in what was deemed to be a reckless breach of contract by TOR in 2002.
TOR appealed the decision and had the total amount reduced by nearly €500,000.
Still not satisfied, TOR proceeded to the Supreme Court and then for a review, asking for the decision of the Appeals Court to be set aside.
But the highest Court of the land stayed the Appeals Court decision and chastised the TOR officials for being reckless in abrogating the contract.
In their verdict, the judges opined that the time has come for state officials to be surcharged with such colossal losses if it can be established, as it has, in the case of TOR vrs AAL that the losses were occasioned by the recklessness of TOR.
It is evident TOR is unimpressed with the decision by the judges during review at the Supreme Court and has begun a whole new process at the High Court to retrieve their money.
A copy of the writ intercepted by Joy News indicates the plaintiff is not only seeking for the earlier verdict to be set aside but is also seeking damages and costs against AAL.
Counsel for TOR Agyabeng Akrasi posits that the verdicts secured by AAL secured at the High Court; Appeals Court the Supreme Court were tainted with “fraud, perjury and dishonesty.”
The plaintiff among other things claim there was never the consignment of 600,000 litres of marine mix produced to their specification and which did not meet the obligations set out in the contract.
The plaintiff claims that AAL deliberately “misrepresented to the courts that it imported an entire consignment of 600,000 litres of marine mix (soon after winning the contract in 2002) when the defendant knew that that was false because at 16 October, 2006 it openly declared that its overseas suppliers still held 354,000 litres of the subject matter of the contract.”
TOR is praying the court will grant their requests, but AAL has denied the claims.
AAL in the statement of defence insists the accusations of fraud leveled by TOR are without basis.
They are asking the court to throw out the claims insisting, the earlier verdicts were secured justly.
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