JUDGMENT

KULENDI JSC:

INTRODUCTION:

1. The Plaintiff/Respondent/Appellant (hereinafter referred to as “the Appellant”) has lodged the instant appeal against the judgment of the Court of Appeal, dated 25th June, 2019, which overturned the judgment of the High Court dated 21st November, 2014.

BACKGROUND:

1. On 29th May, 2009, the Appellant commenced the present action against the Defendant/Appellant/Respondent (hereinafter referred to as “the Respondent”), seeking the following reliefs:

1. An order directing a reconciliation of the Plaintiff’s account with the Defendant.

2. An order compelling the Defendant to pay over to the Plaintiff all sums lodged by the Plaintiff into his account with the Defendant which, although deposited, were not reflected in his bank statements.

3. Interest on all outstanding sums due the Plaintiff, calculated from the dates of the respective lodgements until the date of final payment.

4. General damages for breach of contract.

1. The Respondent entered appearance on 4th June, 2009 and delivered its Statement of Defence on 26th June, 2009.

APPELLANTS CASE:

1. In his Amended Statement of Claim dated 3rd March, 2011, the Appellant averred that he is a licensed dealer in petroleum products for Total Petroleum Ghana Limited and a customer of the Respondent bank at its Bole Branch, where he operates Account Number : 0041130001533.

2. Under his dealership agreement with Total Petroleum Ghana Limited, petroleum products were supplied to him on credit, and payment for these products was to be made periodically by way of cheques drawn on his said account with the Respondent, to be paid to Total Petroleum Ghana Limited.

3. The Appellant stated that he regularly deposited proceeds from the sale of petroleum products into the said account and issued corresponding cheques in favour of Total Petroleum Ghana Limited to settle his indebtedness.

4. The Appellant avers that he detected discrepancies in his account records and consequently requested a copy of his bank statement from the Respondent. Upon review of the statement, he discovered that certain cheque lodgements he had made in favour of Total Petroleum Ghana Limited were not effected, and those cheques were not returned to him.

5. As a result, he instructed his accountants to write formally to the Respondent, notifying it of the discrepancies. The Respondent responded by requesting source