[2016]DLCA8446October 19, 2016Court of Appeal

YANINA PRESBY CO-OPERATIVE CREDIT UNION vs. JOSEPH TEWIAH, THE REGISTRAR/DEPUTY SHERIFF CIRCUIT COURT A, SUNYANI, AKWABOAH MART, SAH YAW

DOMAKYAAREH (MRS),J. A. 1. This is an appeal against the Ruling of the High Court, Sunyani dated 19th June 2012, which ruling was given in favour of the plaintiff/respondent herein. The brief facts of the case which culminated in this appeal are as follows:- 2. The plaintiff/respondent is a Cooperative Credit Union operating at Duadaso No. 1 in the Brong Ahafo Region. The 1st Defendant/Appellant was a member of the plaintiff/respondent’s Credit Union. The 1st defendant/appellant as at 24th May 2007 said he had a total savings of ¢29,438,668.00 old cedis in his account with the plaintiff/respondent. At a certain point in time the plaintiff/respondent failed /refused to honour several requests for withdrawals made by the 1st defendant/appellant from his account with them with the excuse that there was no money for the Credit Union. The 1st defendant/appellant therefore instituted an action against the plaintiff/respondent on 25th July 2007 at the Circuit Court in Sun...