RICHARD BUTT (PLAINTIFF/APPELLANT) vs. BARCLAYS BANK OF GHANA LTD. (DEFENDANT/RESPONDENT)

The appellant, a British national, was married to Devi Charity Butt, a Ghanaian. Both managed Chapel Hill Properties Ltd, a company with Mrs. Devi Charity Butt as sole shareholder. The company operated a bank account with Barclays Bank Ghana Ltd. Initially, the bank mandate required signatures from both appellant and Mrs. Butt. In October 1995, the appellant and Mrs. Butt jointly instructed the bank to allow Mrs. Butt to be the sole signatory during appellant's travel abroad. Upon his return, the appellant instructed the bank to revert to the original mandate, but the bank refused, citing the existing mandate and a new mandate submitted by the company secretary excluding the appellant as signatory. The appellant sued the bank alleging negligence and improper refusal to act on his instructions.

AKAMBA, J.A. This case has very close links with the Supreme Court decision in Richard Butt vs. Chapel Hill Properties and Devi Charity Butt, Civil Appeal No CA 3/2003 of 21st July 2004 and reported at page 636 of the (2003-2004) Supreme Court of Ghana Law Reports. Apart from the present defendant/respondent (simply respondent) not being a party in the earlier proceedings, the facts and persons involved in this suit are but the same as those in that decision. It is also evident that the matters which were the subject matter of the Supreme Court decision as in the present matter took place between 1994 and 1996 hence the findings of fact are binding on this court. The Plaintiff/Appellant (simply Appellant), a British national was married to Devi Charity Butt, a Ghanaian. Whilst the marriage subsisted the Appellant and his wife became managers of Chapel Hill Properties Ltd (simply the company) in Takoradi. The company operated an account with its (respondent’s) Takoradi High Street.....