[2009]DLSC2720 • November 26, 2009 • Supreme Court •
PETER EGYIN MENSAH vs. INTERCONTINENTAL BANK (GH) LIMITED
The plaintiffs, personal representatives of the late Comfort Mensah, alleged discrepancies between deposits recorded in two Savings Passbooks and the bank statements issued by the defendant bank (formerly Citi Savings & Loans Co. Ltd., now Intercontinental Bank Ghana Ltd). The plaintiffs claimed that GH¢50,910.00 deposited in the passbooks did not appear in the bank statements. After unsuccessful reconciliation attempts, the plaintiffs initiated legal action to compel the bank to reconcile the accounts and credit the missing amounts.
read moreSOPHIA ADINYIRA (MRS) JSC: This an appeal against the Judgment of the Court of Appeal dated 6 November 2008 allowing an appeal against the judgement of the High Court (Commercial Division) Accra dated 27 July 2007 on the sole ground of estoppel by res judicata. In order to appreciate fully the issues raised for determination in this appeal we must look at the history of the whole litigation. Background The genesis of this appeal is that the plaintiffs/respondents/ appellants (hereinafter plaintiffs) are the personal representatives of the late Comfort Mensah a Susu collector. The deceased in her lifetime operated two Savings Passbooks with Citi Savings & Loans Co. Ltd. with Account Numbers 3838 and 8541. The Defendant/ appellant /respondent (hereinafter defendant) changed its name from Citi Savings & Loans Co. Ltd. to Intercontinental Bank (Ghana) Ltd. The plaintiffs undertook a reconciliation exercise in respect of the Passbooks A/C No. 3838 and 8541 respectively with bank state...