EVELYN ANKRAH & ANOR v. AGRICULTURAL DEVELOPMENT BANK

SAEED K. GYAN, JA

It is worth noting from the outset and in passing that even though counsel for both parties in this appeal had, in their respective written submissions, raised issues with the record of appeal, at the hearing of the appeal both Counsel, however, agreed to accept and to go by the record as it stands without the need for further rectification.

It may be observed that the law, as with modern society, seems to be developing rather fast, sometimes with dizzying speed.

The Courts are, therefore, frequently called upon, as in the instant case, to settle a myriad of unpredictable controversies which arise and impinge the relationships that develop between and among members of the community.

Justice and its dispensation remain the core function of our Courts.

However, as has always been recognized, justice does not function in the manner of a blind man striving to trace a wooden tooth-pick hidden in a dark room filled with straw. , -Edward Wiredu, JSC (as he then was) acknowledged that, "the justice to be dispensed is justice within the law and not one of sympathy.

Judicial sympathy, however plausible, can never be elevated to become a principle of law". See: FRIMPONG & ANOR V. NYARKO [1998-99] SCGLR 734 at page 742. Bagnall, J in the English case of COWCHER V. COWCHER (1972) 1 WLR 425 at page 430 expressed himself thus: " I am convinced that in determining rights, particularly property rights, the only justice that can be attained by mortals, who are fallible and not omniscient, is justice according to law; the justice which follows from the application of sure and settled principles to proved or admitted facts. . . It is well that this should be so; otherwise no lawyer could safely advice on his client's title and every quarrel would lead to a law suit. "This sentiment was echoed by Dillon, L J in SPRINGETTE V. DEFOE [1992] 2 FLR 338 at page 393, where he proclaimed: "The Court does not as yet sit, as under a palm tree, to exercise a general discretion to do what the man in the street, on a general overview of the case, might regard as fair" This is an appeal against the judgment of the High Court, Accra presided over by Mrs. H. lnkumsah-Abban, J and dated 3rd July, 2008. The case raises interesting issues relating to the Banker-Customer relationship.

In particular, it concerns what a Bank's duty to its customer must be in connection with the latter's funds, where circumstances prevent the customer from accessing his money deposited w