[2017]DLHC3915 • July 31, 2017 • High Court
CHRISTOPHER PERCIVAL NYLANDER vs. FIDELITY BANK LIMITED
The Applicant, a customer of Fidelity Bank's Dzorwolu branch, had his account frozen following a Suspicious Transaction Report (STR) filed by the Bank to the Financial Intelligence Centre (FIC) after receiving a USD 11,000 transfer from a friend. After a year without any criminal findings by EOCO, the Applicant obtained a court order to defreeze the account. Upon returning to transact, the Applicant alleges he was followed by bank security personnel and later forcibly arrested and assaulted by two men, one identified as a bank officer and the other a soldier, using a bank vehicle. The Applicant claims this conduct violated his fundamental human rights and seeks declarations, apology, compensation, and costs.
read moreThe Applicant on 3rd March, 2014, instituted the present action against the Executive Director, the Economic and Organised Crime Office (EOCO) as 1st Respondent, Fidelity Bank Limited as 2nd Respondent and the Attorney General as 3rd Respondent. On 21st May, 2014, upon application by the Applicant to the Court, the 1st and 3rd Respondents were struck out of the action as parties to the suit, which made the 2nd Respondent, the only Respondent in the suit. The instant suit filed by the Applicant prays the Court for the following reliefs: i. Declaration that the action and conduct of the officials of the 2nd Respondent [Respondent] were unlawful and a gross abuse of my fundamental human right as enshrined under the 1992 Constitution. ii. An order directed at the 2nd Respondent [Respondent] to render an unqualified apology to me. iii. An order for compensation of Gh¢3,000,000.00 (Three million Ghana Cedis) for the gross abuse of my fundamental human right as enshrined and guaran....