Court orders MSport to refund GH¢364,847 to company over unauthorized use of corporate MoMo account for betting

The High Court has delivered a significant ruling in Ghana’s gaming industry, ordering betting company MSport to refund more than GH¢364,000 to a private company after one of its employees allegedly used the firm’s corporate mobile money account to place bets on the platform without authorization.

The decision, delivered on March 19, 2026, in the case of GAFAT Consult Ltd v. Mobile Sport & Another [TLP-HC-2026-13], is being viewed as a landmark judgment on regulatory compliance, Know Your Customer (KYC) obligations, and accountability within the rapidly expanding betting sector.

The dispute arose after Benjamin Boateng, an employee of GAFAT Consult Ltd who had possession and control of the company’s mobile money merchant account, reportedly used company funds amounting to GH¢364,847 to gamble on MSport’s betting platform.

According to court documents, the funds were withdrawn from the company’s MTN Mobile Money merchant account linked to the number 0597394547 and used for betting activities on the platform operated by MSport.

The company later discovered the transactions and demanded a refund from the betting company, arguing that the money had been used without authorization and in breach of gaming regulations. However, MSport allegedly declined the request.

Following the refusal, GAFAT Consult lodged a complaint with the Gaming Commission of Ghana, but after failing to secure a satisfactory resolution, proceeded to file a lawsuit at the High Court to recover the money.

Presiding over the case, Justice Ayitey Armah-Tetteh, sitting with additional duties at the High Court, ruled in favour of the plaintiff after finding that MSport failed to comply with regulatory directives and verification procedures required under Ghana’s gaming laws.

In its judgment, the court strongly criticized the betting company’s customer verification process, questioning why MSport failed to identify that the mobile money account used to register on the betting platform was a corporate account belonging to GAFAT Consult Ltd and not a personal account belonging to Boateng.

The court held that if proper KYC checks had been conducted, the betting company would have realized that Boateng was neither a director nor secretary of the company and therefore had no authority to use the corporate SIM for betting activities.

Justice Armah-Tetteh stated that proper due diligence by the betting company could have prevented the entire incident.

The court specifically referenced regulatory guidance from the Gaming Commission which required betting operators to conduct thorough identity verification before granting access to betting platforms.

In assessing the evidence before it, the court concluded that Boateng used the company’s funds “in violation of betting regulations” by using the corporate SIM in his personal capacity to engage in gambling activities.

The court consequently granted all major reliefs sought by GAFAT Consult Ltd.

The ruling declared that MSport failed to observe the Gaming Commission’s regulatory guidelines on its platform and ordered the betting company to refund the full amount of GH¢364,847 to the plaintiff company.

Additionally, the court awarded interest on the amount from August 2022 until final payment is made.

MSport was also ordered to pay GH¢40,000 in legal costs to GAFAT Consult Ltd.

The judgment is expected to have far-reaching implications for betting companies operating in Ghana, particularly regarding compliance with KYC requirements and monitoring of transactions conducted through corporate mobile money accounts.

Over the past few years, concerns have grown over the increasing use of mobile money wallets and digital payment platforms for online betting, especially amid weak verification systems and rising cases of fraud and unauthorized transactions.

Regulators have repeatedly warned betting operators to strengthen customer verification procedures to prevent abuse of corporate accounts, identity theft, money laundering, and unauthorized gaming activities.