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
- Civil Procedure
2018
HIGH COURT
GHANA
CORAM
AI Generated Summary
Justice Angelina Mensah-Homiah of the Ghana High Court resolved a dispute between a fish-industry businesswoman who operated current account No. 1212402 at the banks Kumasi branch and her bank over withdrawals lacking narrations, alleged forged Debit Advice charges, delayed deposit credits, and an overdraft secured by a mortgage over Plot 17, 4th Street, Asokore Mampong. Reviewing detailed statements (Exhibit 1) and testimony, the court held most fraud claims were not proved to the criminal standard but found six cash withdrawals, including a GHC 34,000 withdrawal on 02/07/08, had been entered without standard references, amounting to fraud. It credited evidence that transfers went to Nyame Yie Cold Stores at Barclays Bank Ghana, and recognized the customers ad hoc overdrafts later formalized into a GHC 50,000 facility (Exhibit 3) with contractual interest. The court ordered a refund of GHC 75,000 with interest, upheld the banks counterclaim for GHC 53,344.88 plus 32.5% interest, directed a set-off, and provided for release or realization of the mortgage depending on the net balance, with each party bearing its own costs.
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The recovery of the sum of GHC 75,000.00 being cash the Plaintiff allowed to be withdrawn from Defendant’s account between 20/12/2006 and 17/07/2008 in a manner that fell short of acceptable banking practice.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