Merlin Gaming Ghana Limited, a company engaged in the business of promoting and marketing gaming and lottery service and products, has summoned the National Lotteries Authority (NLA) before an Accra High Court Commercial Division, for breach of contract.
The writ of summons dated November 8, 2013, signed by counsel, Charles Williams Zwennes Esq. was served severally and jointly immediately on the director, Brig. General Martin Ahiaglo, and the Lottery agency.
In the writ of summons, Merlin is claiming severally and jointly, GH˘5,713,860.00 as special damage for breach of contract, commercial interest, general interest and cost, for breach of contract.
According to the lawyer, “…as a result of its (Marlin) refusal to accede to their (NLA) demands of extortion and racketeering, it incurred the wrath of the 1st Defendant, Board members who presiding under the authority of the 2nd Defendant, flagrantly breached the contract by neglecting and altogether refusing to corporate with the plaintiff in any way”.
The facts of the case as contained in the writs stated that the “plaintiff (Marlin Gaming Ltd) on 6th December 2011 won a promoters bid for a 15 year contract from the 1st Defendant (NLA). The plaintiff was required under the exclusive status, to inter allia, negotiate, broker, intermediate sms and online betting games and to solicit, partner and engage online lottery technology solution providers with the concurrence of the 1st Defendant”.
It also noted that, “The Plaintiff will call for Judicial notice to be taken of the fact that the revenue collections from lottery activities of the 1st Defendant were publicly boasted of having drastically increased, which fact was as a direct results of Plaintiff’s own hard work under the contract”.
The Plaintiff says that as a result of the lucrative Contract awarded it, a certain public service officer sitting on the board of the 1st Defendant held himself out as acting for the personal collective interest of the members of the board of Directors. He demanded from the Plaintiff a stake in its business fortunes realizable under the contract.
The plaintiff posits that, the said board member was acting with the knowledge and permission of tacit approval of the board of Directors of the Authority.
The claim noted that the 2nd Defendant (Brig. General Martin Ahiaglo, Director, NLA) deliberately refused and neglected in complicity to address or to even respond to the plaintiff when the complaint was drawn to his attention by a letter in written sent to him.
The writ further indicated that the said acts were an orchestrated extortion and racketeering effort which was criminally illegal, dishonest and morally repugnant to any good sense of Justice Fair-dealing and business practice.
The said board member even went so far as to hold himself out as sitting in a “dualistic Capacity” as an executive director of the plaintiff’s company, extolling his capability of even dictating day-to-day business decisions and the affairs of the plaintiff under its contract with the NLA.
“The Plaintiff avers that as a result of its refusal to accede to their demands of extortion and racketeering, it incurred the wrath of the 1st Defendant, Board members who presiding under the authority of the 2nd Defendant, flagrantly breached the contract by neglecting and altogether refusing to corporate with the plaintiff in any way”, the claim underscored.
Source: The New Crusading Guide
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