[2017]DLCA4572December 14, 2017Court of Appeal

SG-SSB LIMITED vs. MR CHARLES AFFRAN

The respondent, Deputy Manager at the appellant's Tema Fishing Harbour Branch, was accused of negligence for allegedly failing to verify signatures on two funds transfer request letters purportedly from Emefs Construction Company Limited. The bank's International Business Centre processed the transfers based on the respondent's verification, resulting in unauthorized transfers totaling GBP 114,784. The appellant terminated the respondent's employment citing gross negligence. The respondent challenged the termination, seeking reinstatement or compensation.

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AGYEMANG JA: In this appeal against the judgment of the High Court, (General Jurisdiction) Accra, delivered on the 15th of June 2016, the defendant/appellant (hereafter referred to as the appellant) prays for the judgment to be set aside. The matters that have given rise to the instant appeal are sufficiently simple. The plaintiff/respondent (hereafter referred to as the respondent) was an employee of the appellant. In July 2007, he held the post of Deputy Manager at the appellant’s Tema Fishing Harbour Branch. On 5th July 2007,while he was in charge of the said branch, two funds transfer request letters bearing signatures purporting to belong to authorised signatories of one of the bank’s customers: Emefs Construction Company Limited, were submitted to the respondent. It was the respondent’s case that he verified same and forwarded the requests to the bank’s central foreign transfers outfit: the International Business Centre of the bank, for its action upon the request. A ...