An Accra High court will on Tuesday, June, 9, 2020 deliver its judgment on alleged forgery case brought against Ali Adam Yourda Enterprise and two others by Master Stone Thrower Mining Limited (2nd Plaintiff) and one Yusiff Alhassan (1st plaintiff) .
The case involved the alleged “illegal importation of sodium cyanide with container number: TEMU5215809” with Alhaji Umar of Avenor, Ali Adam Yourda and Ali Adam Enterprise as defendants.
In the writ issued on 22nd April, 2020, the second plaintiff avered that it is a registered liability company incorporated under the laws of Ghana to engage in the business of supply of Mining equipment and explosives and related activities including the importation of sodium cyanide and that the three defendants forged documents to enable them import the restricted product from the plaintiff’s traditional suppliers .
Interestingly, the defendants have not filed their defense since the case was brought against them two months ago, paving way for a default judgment.
“Plaintiff avers that in or about 2nd March , 2019, the 1st plaintiff received a call from the shipping line at Tema Harbour that a tonne of sodium cyanide had arrived in its name and invited the 1st plaintiff to take steps to clear same,” the writ said. “Plaintiffs aver that the shipping line later hinted plaintiffs that a clearing agent had presented a doctored document in the name of 3rd defendant to clear the same goods.” the writ further explained.
“Plaintiff avers that it turn out from the documents furnished to the plaintiffs by the shipping line of the product that defendants had forged the documentation to convince the suppliers that the management of 2nd plaintiff’s Company had changed and the 1st and 2nd defendants duly used their contacts to complete for the supply to be approved,” the court documents said.
According to the plaintiffs, when they confronted the defendants, they admitted to their guilt following the intervention of some senior Muslim clerics. According to court documents, the defendants promised not to repeat or commit the offense again.
However, per court documents, the defendants later committed the same offense again.
“Plaintiffs avers that recently the defendants again used 2nd plantiff’s name and imported this time two containers of sodium cyanide into the country,” the writ said.
“Plaintiff avers that from his investigations, it was the selfsame defendants who had imported the goods in the name of 2nd plaintiff without its knowledge, consent or approval.
The plaintiffs are, therefore, seeking a declaration that the two containers of sodium cyanide unlawfully imported into Ghana in the name of 2nd plaintiff belongs to 2nd plaintiff.
It is also seeking an order restraining the defendants, whether by themselves, agents or whatsoever from claiming the sodium cyanide duly cleared by the plaintiff.
It further sought a declaration that that the purchase and import of sodium cyanide by defendants into Ghana is illegal
It also prayed the court to award punitive costs, including payment of plaintiff’s solicitor’s fees against the defendants.
As at press time yesterday, a formal complaint had already been lodged against the defendants at the Serious Crime Unit of the Criminal Investigation Department (CID) at the Police Headquarters in Accra for criminal action to be taken.
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