[2008]DLCA7503 • February 7, 2008 • Court of Appeal
RICHARD AWUKU SEDDOH (PLAINTIFF/APPELLANT) vs. STANDARD CHARTERED BANK (DEFENDANTS/RESPONDENTS)
The plaintiff, formerly a supervisor at Standard Chartered Bank's foreign department, was implicated in an internal fraud involving two foreign currency accounts. He was arrested, detained, and prosecuted but ultimately acquitted by the High Court. Despite acquittal, the bank terminated his employment citing negligence related to authorizing payments based on photocopies of forged documents. The plaintiff sought reinstatement and damages for wrongful dismissal, unlawful arrest, and malicious prosecution. The High Court ruled in favor of the plaintiff for unlawful termination and ordered payment of half salary during interdiction but dismissed claims for unlawful arrest and malicious prosecution. The bank appealed.
read moreAKAMBA, J.A. In this appeal, the plaintiff/appellant (hereinafter referred as plaintiff) was until 1992 an employee of the defendant/respondent bank (hereinafter simply referred as the defendant) wherein he held the position of Supervisor in the Customer Services section of the foreign department. In or about 1992 an internal fraud was uncovered in the aforesaid foreign department of the defendant involving the secret siphoning of the bank’s money into two foreign currency accounts known as the Ishmael Lamptey account and the Paul Davies account. Following internal investigations by the defendant bank involving the use of both its internal and international investigative team, a report was made to the Police and the plaintiff and two others were arrested and detained by the police. They were detained in police cells from 30th January to 3rd February 1992 and then at James Fort Prison from 26th May 1992 to 6th June 1992. The plaintiff was subsequently charged and prosecuted before t.....