AMA TABUAH v. BARCLAYS BANK GHANA LIMITED
2018
HIGH COURT
GHANA
CORAM
- ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COUT
Areas of Law
- Banking and Finance Law
- Evidence Law
- Contract Law
- Tort Law
2018
HIGH COURT
GHANA
CORAM
AI Generated Summary
This legal dispute between a customer and a bank centers on claims of unauthorized transactions, including withdrawals and debits allegedly conducted without the customer’s knowledge or authorization. The plaintiff claims that these actions led to considerable financial losses and demands recovery of these sums, interest, and the release of mortgaged property. In contrast, the bank denies these claims and countersues for the recovery of an outstanding overdraft. After evaluating the evidence, the court determined that only one of the fraud claims (relating to improper withdrawals) was substantiated and awarded GHC 75,000.00 to the plaintiff. Conversely, the defendant was also granted judgment on its counterclaim for an outstanding sum plus interest. The court ordered a set-off between the sums owed by both parties to determine the final settlement amount.
JUDGMENT
This is a Banker/Customer dispute arising from disagreements in overdrawn balances, debit advice, transfers and withdrawals with improper narrations on the Plaintiff’s current account with the Defendant bank. The original suit was filed on 17/02/2015, but on 08/02/2016, the Plaintiff amended her writ of summons and statement of claim. The reliefs she seeks from this court are:
The recovery of the sum of GHC 75,000.00 being cash the Plaintiff allowed to be withdrawn from Defendant’s account between 20/12/2006 and 17/07/2008 in a manner that fell short of acceptable banking practice.
The recovery of the sum of GHC 55,770.00 being money lost to the Plaintiff’s account between 4/7/2008 and 23/12/2008 which sum the Plaintiff labelled as “Debit Advice” when the Plaintiff had not sanctioned or authorized any such expenditure on her behalf.
The recovery of the sum of GHC 15,700.00 that stood to the Plaintiff’s credit in or about February, 2009 but which sum the Plaintiff purported to freeze on the ground that the Plaintiff was indebted to it to the tune of GHC 53,000.00.
The recovery of the sum of GHC 754.00 being a cheque numbered 616082 that Plaintiff accepted for payment out of Plaintiff’s account on or about 8/4/2008 when the said cheque leaf did not come from Plaintiff’s cheque book. The recovery of the sum of GHC 29,000.00 being money Plaintiff transferred to accounts number 032/1189903 at different times between 13/12/06 and 12/01/07 without the knowledge and/or approval of the Plaintiff.
Interest on the sums of money stated in (a) – (e) supra at the current Bank of Ghana Commercial lending rate.
Recovery of the lease covering Plaintiff’s property House No. Plot 17, 4th street, Asokore Mampong the Plaintiff used to secure the loan or overdraft facility of GHC 50,000.00 which loan or overdraft facility was never made available to the Plaintiff.
Cost including solicitor’s fees.
THE PLAINTIFF’S CASE.
The Plaintiff who describes herself as a businesswoman in the fish industry alleged that she operated a current account numbered 1212402 with a branch of the Defendant bank in Kumasi. Per the nature of her trade, she averred that frequent deposits were made into her account in Kumasi, she then made withdrawals in Tema as needed to pay for the fish she purchases. In the course of time, she was informed by the bank that she had had persistently overdrawn her account even though she reasonably believed that she had sufficient f