BVI and HK-based Companies Accused of Fraud at the High Court of Ghana

Kludjeson International Limited (KIL) has issued a legal suit at the High Court against a Hong Kong-based Hutchison Telecommunication Limited, accusing it of fraud.

Hutchison Telecom supposedly holds shares in “Kasapa Telecom”. Other company involved in the suit is British Virgin Islands-registered Certwell Limited, a completely owned subsidiary of Kuwata Limited, which is also based in the BVI, and which also claims to hold shares in “Kasapa Telecom” on behalf of the Hong Kong company.

KIL was the full owner of BVI-based Celltel Limited – the operator of mobile telecommunication services. In its claim KIL has accused Hutchison Telecom of concealing the real identity and status of Certwell Limited, and in the process misled it into transferring 80% of its ownership in Celltel to the HK-based company in March 30, 1998.

Plaintiff was of the view that Hutchison Telecom, by a “Shareholders’ Resolution of June 10, 1998 disclosed that it was nominating the 2nd Defendant (Certwell Limited), which it falsely represented as its wholly owned subsidiary to hold the shares in the company on its behalf.” However, KIL noticed that BVI-based Certwell Limited was not a totally-owned company of Hutchison Telecom, – contrary to what was articulated by the Hong Kong company. So, it is the defendant is alleged of misrepresentation on the part of Hutchison Telecom, regarding the identity and status of Certwell that KIL indicated that the two foreign companies had defrauded it.

Now KIL seeks from defendants, among other reliefs and court order, to call up the Share Purchase Agreement signed on March 10, 1998 between KIL and Hutchison Telecom for annulation as a result of fraudulent material disclosure and representation. Additionally, KIL has requested the court order to prohibit Hutchison Telecom and Celltell Limited from positioning themselves as shareholders of “Kasapa Telecom”.

The court ordered each of the defendants to ‘file appearance within 21 days of the service of the processes on it’, however, the defendants are noted to have filed appearance on July 20, 2007.

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