ECOBANK NIGERIA PLC v. HISS HANDS HOUSING AGENCY & ACCESS BANK GHANA LIMITED
2015
COURT OF APPEAL
GHANA
CORAM
- GYAESAYOR, JA (PRESIDING)
- ACQUAYE, JA
- MENSAH, JA
Areas of Law
- Evidence Law
- Civil Procedure
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This case involves an appeal by Ecobank Nigeria PLC against a High Court ruling dismissing its claims of fraudulent transfer of USD 2,368,725 from its account to the 1st defendant's account. The appeal focused on whether the transfer was unauthorized, whether the trial court correctly assessed the evidence, and the appropriateness of the costs awarded. The appellate court upheld the trial court's decision, noting that allegations of fraud must be specifically pleaded and proved beyond a reasonable doubt, which Ecobank failed to do.
GYAESAYOR, JA
This is an appeal against the decision of the High Court, Accra dated 19th June 2014. The present plaintiff/appellant Ecobank Nigeria PLC took over the Oceanic Bank International who was the original plaintiff in the High Court and successfully applied to the High Court to be made the plaintiff.
The plaintiff’s writ was endorsed with the following reliefs:
A declaration that the plaintiffs have not authorized the transfer of the sum of USD2,368,725.00 or at all into the account of the 1st defendant account(s) with the 2nd defendant Intercontinental Bank Ghana Limited or at all.
A declaration that the transfer of USD2,368,725.00 into the 1st defendant’s account with Intercontinental Bank Ghana Limited was obtained by fraud.
An order restraining the 2nd defendants from honoring any cheques, bills or other instruction for the purpose of withdrawing or otherwise dealing with any and all sums currently held in the accounts of the 1st defendant with the 2nd defendant.
An order restraining the 1st defendants from making any withdrawals or otherwise dealing with its accounts with the 2nd defendant, Intercontinental Bank Ghana Limited.
An order directed at the 2nd defendant to pay any and all sums currently held in the accounts of the 1st defendant with it to the plaintiff forthwith.
In the accompanying statement of claim which was subsequently amended pursuant to the order of the court on 11th January 2011, the plaintiff averred that it is an international bank incorporated under the laws of Nigeria while the 1st defendant is a registered business name owned by one Agbeko Nutsuvi a customer of 2nd defendant bank and was set up to or registered to defraud plaintiff.
According to plaintiff by an instruction dated 31st December 2009 made in French language and directed at Banque Commerciale Du Chari, a bank operating in Chad, signatures of one Mrs. Lolade Ogunlusi then an executive director of the plaintiff Company and Ehizoge Ohiowele also a staff of the bank were forged. As a result of the said instruction an amount of USD2,368,725.00 then in the plaintiff account with the Chadian bank was transferred into the account of 1st defendant with the 2nd defendant bank. It is the case of the plaintiff that she did not by herself or agent request or instruct or authorized the transfer of the said amount or any amount into the 1st defendant’s account with 2nd defendant or any other account. It is her contention that the amount standing to the credit o