JUSTICE Y. ABDULAI VS ECOBANK GHANA LIMITED

BARTELS-KODWO (JA): -

INTRODUCTION:

This is an appeal from the decision of the High Court, Adentan, Accra dated 12th November, 2021 which decision dismissed the Plaintiff/Appellant’s (hereinafter called ‚the Appellant‛) action brought against the Defendant/Respondent.

At this point, it is trite knowledge that among the most important conditions in the contract between a banker and a customer who conducts a current account is the obligation of the banker to honour the customer's cheques to the extent of the customer's credit, see the cases of Joachimson v Swiss Bank Corporation [1921] 3 KB 110 at 127; and Aktas v Westpac Banking Corp Ltd [2007] NSWSC 1261 at page 1261. If for any reason, this is not stated expressly in a contract between a bank and a customer, it is as a matter of necessity, implied by law.

At the same time, the ability of a bank to efficiently and effectively process cheques submitted by customers is a matter of general convenience and welfare of society Macintosh v Dun (1908) 6 CLR 303 at 305; [1908] AC 390 at 399. These two interests can sometimes clash when a customer’s cheque is dishonoured in error as is the case in the instant dispute.

BACKGROUND: The Appellant, a legal practitioner and head of the Crown Legal Bureau law firm based in Accra, operates an Investment Deposit Account with the Respondent at its Legon branch.

On 12th of November 2019, the Appellant issued a cheque numbered 000076 in the name of one Trade & Save Limited with a face value of GH¢ 6, 300. 00. The Appellant claimed that when an attempt was made to pay the cheque into the accounts of the said Trade & Save Limited, the cheque was dishonoured.

The Appellant avers this constitutes defamation and brought the instant action before the High Court, Adentan.

By a writ of summons and accompanying statement of claim filed on the 10th of March 2020, the Appellant instituted this action seeking the following reliefs reproduced verbatim: a. An Order for punitive damages of GH¢ 500, 000. 00 for wrongfully dishonoring Cheque No. 000076 dated 12th November 2019 for no justifiable cause; b. Damages for breach of contract of the banker/customer relationship; c. Costs on full indemnity basis including legal fees; d. Any other relief(s) as this Honourable Court may deem appropriate.

In his statement of claim, the Appellant contended that the Respondent, by dishonouring his cheque, breached the contract between the parties and by doing so, they defamed his reputation