BISMARK LAMPTEY v. SUNDA INTERNATIONAL COMPANY LTD. AND PRUDENTIAL BANK LTD.
2022
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE WILLIAM BOAMPONG
Areas of Law
- Tort Law
- Banking and Finance Law
2022
HIGH COURT
GHANA
CORAM
AI Generated Summary
This High Court civil judgment by Justice William Boampong arises from a theft complaint by the 1st Defendant against a customer of Prudential Bank Limited, Odorkor Branch. The Plaintiff alleged police beatings and that, during investigation, while handcuffed, he was taken to the bank to sign/thumbprint a statement request, after which his account was frozen. He was prosecuted in Circuit Court 9, Accra and acquitted. Afterwards, he learned GH¢37,800 had been transferred from his account to the 1st Defendant on police advice. Prudential Bank contended the Plaintiff authorized a payment order on November 14, 2014 for GH¢37,761.13. Applying Ghanaian precedents on malicious prosecution, the court held the Plaintiff failed to prove malice or lack of reasonable cause and found no manifest coercion at the bank, rejecting negligence and general damages claims. However, the court ordered the 1st Defendant to refund GH¢37,800 with interest from November 14, 2014 and awarded costs against the 1st Defendant.
JUDGMENT
By his further Amended Writ of Summons, the Plaintiff claims against the
Defendants as follows:-
1. An Order directed at the Defendants to pay the amount of Thirty Seven
Thousand, Eight Hundred Ghana Cedis, (GH¢37,800.00) being money
wrongfully paid to the 1st Defendant by the 2nd Defendant.
2. Interest on all amounts due, owning till date of final payment.
3. General Damages of Five Hundred Thousand Ghana Cedis
(GH¢500,000.00) against Defendants for negligently transferring
money from the Plaintiff’s accounts without the Plaintiff’s consent and
authorization.
4. General Damages of One Million, Five Hundred Thousand Ghana
Cedis (GH¢1,500,000.00) against the Defendants for the permanent ear
damage or conditions they subjected the Plaintiff’s life into.
5. Cost.
The Plaintiff initially instituted this suit against the 1st Defendant but later
applied and joined the Prudential Bank Limited, Odorkor Branch, Accra to
the suit as the 2nd Defendant.
PLAINTIFFS CASE:
Plaintiff states that he got to know the 1st Defendant on the 23rd October 2014
when the 1st Defendant caused the Police to arrest him on the grounds that he
(Plaintiff) had stolen the 1st Defendant’s money from its office.
According to the Plaintiff when the Police arrested him, the Policemen
subjected him to severe beatings which had even up to date resulted into a
permanent ear injury.
The Plaintiff states that in course of the investigation, the Police Investigator
of the case, one Sgt Yakubu Iddrisu handcuffed him and took him to the
Odorkor Branch of the 2nd Defendant’s Company to sign the
statement/balance request form, and the Plaintiff complied. A minute later,
the Branch Manager came back and instructed the Plaintiff to instead
thumbprint the statement/balance request form since that had been the mode
the Plaintiff had been using in dealing with the Bank. Plaintiff accordingly
thumbprinted the statement/balance request form. After thumbprinting, Sgt.
Yakubu Iddrisu informed him that his account number is 0170161365014. The
Police further told the Manager to freeze the Plaintiff’s account. The Plaintiff
was later arraigned before the Circuit Court 9, Accra for prosecution.
The Plaintiff as an accused was subjected to a trial at the Circuit Court, Accra
on the charges of:-
1. Unlawful entry
2. Causing unlawful damage and
3. Stealing an amount of One Hundred and Four Thousand, Four
Hundred and Eight Ghana Cedis (GH¢104,408.00) belonging t