2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Plaintiff, a customer of the Defendant Bank, sued the Bank claiming deposits made by his storekeeper were not reflected in his account statements. The Bank argued the deposits were never made, as the deposit slips were forged by the storekeeper who confessed. The lower court ruled for the Plaintiff, awarding him Gh¢47,710.00 and Gh¢10,000.00 for general damages. On appeal, the higher court affirmed the liquidated sum but set aside the general damages, holding the Bank liable due to its Tellers' negligence and failure to properly authenticate the transactions. The legal principles established involved higher proof requirements for fraud, the duty of care of banks, vicarious liability of employers for employees' frauds, and the necessity to plead negligence with particularity.
BARBARA ACKAH-YENSU, JA
This an appeal filed by the Defendant/Appellant herein against the judgment of the High Court sitting at Tarkwa, and dated 4th March, 2014.
The brief facts of the case are that the Plaintiff/Respondent who is a customer of the Defendant Bank, claimed that his Statement of Account No.008023076571 for the period 1st April, 2012 to 22nd November, 2012 did not reflect transactions, particularly deposits made by his storekeeper Samuel Kodua, with the Tarkwa Branch of the Defendant Bank.
The Plaintiff/Respondent contended that although the Tellers of the Defendant Bank stamped and signed the pay-in-slips presented to them as received, the amount thereon did not reflect in the said Statement of Account.
The total value of the said pay-in-slips amounted to Gh¢57,340.00.
The Tellers of the Defendant Bank were arrested pursuant to a complaint lodged by the Plaintiff/Respondent to the Police at Tarkwa.
Counsel for the Plaintiff/Respondent, on or about 27th November, 2012, informed the Defendant Bank that the said pay- in-slips were indeed stamped officially with stamps of the Defendant Bank and signed by them as having received the amounts stated therein.
The said Counsel also informed Plaintiff/Respondent of the need to refund to him the sum of Gh¢57,340.00 plus GH¢10,000.00 representing damages for negligence, interest, as well as legal fees.
The Plaintiff/Respondent averred that the Defendant/Appellant had perpetrated fraud on him by colluding with his store keeper to dupe him of the said sum of Gh¢57,340.00.
That, the said fraudulent acts had occasioned financial losses to the Plaintiff’s business leading to loss of confidence of Plaintiff’s creditors and a resultant loss in credit worthiness.
The Defendant/Appellant denied the allegations made by the Plaintiff/Respondent and contended that the cash deposit book of the Plaintiff/Respondent was kept by his agent and/or servant, Samuel Kodua.
That, from the Defendant Bank’s records the said amount of Gh¢57,340.00 was never paid into the Plaintiff/Respondent’s account at the Bank.
It was the said Samuel Kodua who managed to forge the last copies of the cash pay-in-slips to read amounts he never paid into the account.
Samuel Kodua was arrested by the Police as well as the Tellers of the Defendant Bank, and Samuel Kodua confessed that he had forged the last sheets of the pay-in-slips and thus never paid into the Plaintiff’s bank account the said sum of Gh¢57,340.00.
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