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EDUSEI
V.
DINERS CLUB SUISSE S.A.

(1983) JELR 69279 (CA)

Court of Appeal 24 Mar 1983 Ghana
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- The Court of Appeal held that a foreign limited liability company, though not registered or carrying on business in Ghana, has legal capacity to sue in Ghanaian courts, distinguishing this from the position applicable to foreign partnersh

Case Details

Judges:FRANCOIS JA,MENSA BOISON JA,ABBAN J.A
Counsel:D. O. LAMPTEY FOR THE APPELLANT; V. L. BUCKLE FOR THE RESPONDENTS.
Other Citations:[1982-83] GLR 809

FRANCOIS J.A.

The Diners Club of Switzerland is “a body corporate incorporated and organised under the laws of Switzerland.” That is how the writ describes the plaintiffs; and that description has not been controverted on the pleadings. The club provides credit cards to its members, who according to its constitution, must been of repute and of good financial standing. These cards enable their holders to enjoy credit facilities in many parts of the world, thus obviating the cumbersome necessity of carrying huge amounts of money about.

Mr Krobo Edusei, the defendant-appellant, hereafter called the appellant, does not deny enjoying these facilities as a member of the respondents’ association. Indeed, a letter whose admissibility is pointlessly attacked in this appeal, demonstrates beyond doubt that the appellant made full use of the facilities offered to the tune of about 12,000 pounds sterling. It was his failure to meet the corresponding obligation of a good member, that is, of satisfyin…

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