[ 2012-07-13 ]

Judgment debt saga: TOR in new suit against AAL
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.

Source - MyjoyOnline

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