OMNIBANK GHANA LIMITED v. GABRIEL KOFI GYAN
2021
COURT OF APPEAL
GHANA
CORAM
- A. M. DOMAKYAAREH (MRS) J. A. PRESIDING
- A. B. POKU-ACHEAMPONG, J. A.
- S. K. A. ASIEDU, J. A
Areas of Law
- Civil Procedure
- Banking and Finance Law
- Contract Law
- Tort Law
2021
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
In this interlocutory appeal from the Kumasi High Court, the Defendant bank challenged the refusal to join three individualstwo bank employees, Amanda Aduse Poku and Kwabena Agyemang Sarpong, and Eric Osei of Erico Trading Enterpriseto a suit brought by its client. The Plaintiff alleged he never accessed a GH2,000,000 overdraft that bank officers drew on without consent, while the bank asserted the Plaintiff accessed the facility and had a private arrangement to lend part of it to Eric Osei at a higher rate. Interpreting Order 4 rule 5, the Court of Appeal held that the proposed parties were not necessary to effectively and completely resolve the controversy, that the Plaintiff had no cause of action against them, and that the Defendants remedy lay in third-party procedure. The court also struck out the omnibus ground of ruling against the weight of affidavit evidence as incompetent in an interlocutory appeal with no evidence, and dismissed the appeal, with Domakyaareh JA and Asiedu JA concurring.
POKU-ACHEAMPONG, J.A.:
This is an interlocutory appeal against the ruling of a Kumasi High Court delivered on the 7th day of March 2019.
The Defendant/ Appellant/Applicant’s grounds of appeal per his Notice of Appeal filed on 13/3/19 are as follows:
(i) The High Court erred when it held that Amanda Aduse Poku, Kwabena Agyemang Sarpong and Eric Osei are not necessary parties to the suit at the High Court.
(ii) The ruling is against the weight of the affidavit evidence.
(iii) Additional grounds of Appeal to be filed upon receipt of the ruling.
It must be remarked that no additional grounds of appeal were filed by the Defendant.
For ease of reference the parties shall retain their designations used at the trial court i.e. Plaintiff and Defendant.
Background of the case:
The Plaintiff brought the action against the Defendant on 20/11/18 claiming the following reliefs:
(i) An order of the court for the said overdraft facility to be declared as void ab initio.
(ii) A further order per the Defendant to refund all the money withdrawn from the Plaintiff’s Account without his consent and made to pay interest on the said amount.
(iii) An order for the Defendant to refund the processing fee paid by Plaintiff to the Defendant’s Bank.
(iv) General and special damages against the Defendant for the pain and anxiety caused to him.
The Defendant entered Appearance and filed a Statement of Defence on 5/12/12/18 and 18/12/18 respectively and the Respondent filed a reply to the Statement of Defence on 15/1/19.
At the close of pleadings the following issues were set down for trial.
1. Whether or not it was the Plaintiff who authorized/instructed/ordered the employees of the Defendant Bank to release monies in his account to a 3rd party.
2. Whether or not the Defendant has perpetrated fraud on the Plaintiff.
3. Whether or not the workers/employees of the Defendant Bank were permitted to do what they did.
4. Whether or not the Plaintiff is entitled to his claim.
The Defendant on 4/02/2019 filed an application for joinder praying the Trial Court for an order to join Amanda Aduse Poku, Kwabena Agyemang Sarpong and Eric Osei to the suit as 2nd, 3rd and 4th Defendants respectively.
On 12/3/19 the application was moved and it was dismissed by the Trial Judge.
In the Trial judge’s short ruling which can be found at page 25 of the Record of Appeal (ROA) he stated as follows:
“The Defendant/Appellant concedes that it is a legal personality. It concedes that the