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According to a writ sighted by Angelonline.com.gh at the Commercial Division of an Accra High Court, Mr Hanson-Nortey and his APRX Petroleum Ghana are accused of employing dubious means to obtain insurance bond from the insurance firm in 2018.
In its statement of claim, the plaintiff, Star Assurance Company Limited, indicated that in October 2018 it had issued a customs bond to the first defendant to cater for cost the latter had incurred on petroleum products it imported for distribution and sale, which amounted to GH¢10,000,000.00.
Upon APRX Petroleum Ghana’s failure to meet the payment deadline after the issuance of the bond, Star Assurance became liable, being surcharged 120% of the value of the bond. Thus, the plaintiff is to pay the value of the bond [GH¢10,000,000.00] in addition to 12,500,000.00 [120%] which in total is GH₵22,500,000.00.
“Plaintiff says that 1st Defendant applied to Ghana Revenue Authority for rescheduling of its indebtedness which said application was granted, however, 1st Defendant failed to abide by the terms of the rescheduled payment agreement.
“Plaintiff says that it has been directed by Ghana Revenue Authority to pay the above–mentioned sum [GH₵22,500,000.00.] forthwith,” the statement said.
Meanwhile, the second defendant, YVES Hanson-Nortey, a shareholder and Director of first defendant company, had presented documents covering properties to serve as a security for the defendants’ indebtedness to the plaintiff. The documents presented according to the statement of claim were ingenuine.
It said: “Plaintiff avers that in its attempts to perfect the proposed mortgage documents it realized that all the documents brought by 2nd Defendant to be relied on to execute a mortgage in favour of 1st Defendant were procured by fraud.”
Star Assurance is therefore in court to seek the following relieves:
“Recovery of the sum of Twenty–Two Million Five Hundred Thousand Ghana Cedis (GH¢22,500,000.00), being money to be paid by Plaintiff to Ghana Revenue Authority as a result of 1st Defendant’s failure to pay its taxes and levies owed to Ghana Revenue Authority and which amount the Defendants have failed and/or refused to pay in spite of several and repeated demands made therefore.”
It is also seeking interest on the said amount at the prevailing Commercial bank rate payable monthly in arrears from the 21st day of February 2021 to date of final payment.
Star Assurance is praying the court for damages as well as costs, including legal fees.
The writ was served on both 1st and 2nd Defendants on Friday, September 23, 2021 through the Finance Manager at APRX Petroleum, Reynolds Sackey.
The case is expected to be called for hearing when the courts return from the legal vacation.
