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H.F.C BANK LTD vs CHARLES OBENG BAWUAH

2015

HIGH COURT

GHANA

CORAM

  • HER LADYSHIP NOVISI AFUA ARYENE (MRS.) JUSTICE OF THE HIGH COURT

Areas of Law

  • Banking and Finance Law
  • Contract Law

AI Generated Summary

The plaintiff, a bank, sought to recover Ghc23,272.88 from the defendant for honoring cheques despite insufficient funds in the defendant's account. The defendant contested the claim, denying any agreement to overdraw the account. The court examined the existence and enforceability of an overdraft agreement and whether the plaintiff acted justifiably in granting the facility. It was determined that there was no express or implied agreement and isolated instances of overdrawing do not establish a course of business. The plaintiff is entitled to recover the amount drawn, and further financial details were to be ascertained by the Director of Finance.

JUDGEMENT