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SDC FINANCE & LEASING COMPANY
V.
HUAWEI TECHNOLOGIES

(2025) JELR 114391 (CA)

Court of Appeal 13 Feb 2025 Ghana
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- The Appellant, a finance and leasing company, discounted an invoice allegedly issued by the Respondent (Huawei Technologies (GH) S.A. Ltd) to LGG Company Limited, which was later discovered to be fraudulent; Mr. Amanor of LGG, officers of

Case Details

Suit Number:SUIT NO: H1/261/2022
Judges:KWEKU T. ACKAAH-BOAFO, JA JENNIFER DODOO, JA GIFTY AGYEI ADDO, JA
Counsel:MAAME ABENAA ADOMA FOSU FOR PLAINTIFF/APPELLANT AKOSUA GYAMFI DUAMROH FOR DEFENDANT/RESPONDENT
Location:Accra

JUDGMENT

Ackaah-Boafo, JA

i. Overview:

[1] My Lords, the Latin maxim ex turpi causa non oritur actio translates to "no action arises from a dishonourable cause." This principle was articulated by Lord Mansfield in Holman v. Johnson (1775), 98 E.R. 1120, at p. 1121, where he stated:

"No court will assist a claimant whose cause of action is founded upon an immoral or illegal act. If, from the Plaintiff's own account or otherwise, it is evident that the claim arises ex turpi causa—that is, from wrongdoing or a violation of the law—the court will refuse to provide relief. This is not done to benefit the Defendant, but rather because the court will not support a Plaintiff engaged in unlawful conduct."

I shall later speak to the quote above in considering the merits or otherwise of this appeal.

[2] The instant appeal arises from the judgment of the High Court in Accra, dated April 13, 2021, and composed of Owusu-Ofori J (as he then was). The High Court found that the Plaintiff/Appellant company h…

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