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JUDGMENT
JUDGMENT
i. Introduction:
[1] The events that give rise to this litigation have their origin in a routine visit the Plaintiff made to the Abossey Okai Branch of the Defendant, HFC Bank Ghana Limited on July 14, 2015 to make a deposit into his account. Little did the Plaintiff know that the visit will set in motion the allegation of possession of counterfeit currency, arrest by the Bureau of National Investigation (BNI) and a lawsuit to claim what he believes is his legitimate due.
[2] The Plaintiff opened an account with the Defendant Bank’s Abbossey Okai branch and on 16 June2015 deposited a total amount of €195,000.00 in two tranches into the account. He later made some withdrawals. He made another deposit on July 14, 2015 in an amount of €276,500. According to him the amount was counted and a receipt was issued and he later received an alert on his telephone to confirm the deposit. It is his case that following a telephone call made to him by the Branch Manager he went to the branch ostensibly to negotiate the rate of Euros to be transferred into his account but to his shock and consternation he was arrested by officials of the BNI for depositing counterfeit currency. The Defendant has subsequently frozen his account and refused to hand over the deposits made. He has therefore instituted the instant action for order directed at the Defendant to pay back to him the deposits made and also damages for breach of contract and costs.
ii. The Action
[3] Per an Amended Writ of Summons sealed in this registry on October 14, 2015 the Plaintiff claimed against the Defendant the following reliefs:
i. Payment to the Plaintiff forthwith; the sum of Two Hundred and Seventy-Six Thousand, Five Hundred Euros (€276,500) which the Plaintiff holds in his savings account number: 0084029773016 held with Defendant Bank.
ii. Payment to the Plaintiff forthwith; the sum of Eleven Thousand, Eight Hundred and Eighty Five Ghana Cedis (GH¢11,885.00) standing in the Plaintiff’s Current Account Number 0084041181019 held with the Defendant Bank in the name of ‘BIG BRAIN ENGINEERING & TRADING ENTERPRISE’ and which the Plaintiff trades under.
iii. Damages
iv. Legal fees incurred in the pursuit of the instant matter
v. Cost and any other order(s) deem fit by this Honourable Court
[4] After the service of the original writ issued on August 14, 2015 and its accompanying statement of claim on the Defendant, Appearance was entered by Reindorf Chambers (Lawyers) on September