[2019]DLHC7463 • November 12, 2019 • High Court
NEUSEITE MEDITEK KONSULT vs. UNITED BANK OF AFRICA
The plaintiff, a pharmaceutical retail company with accounts at the defendant bank, alleged that funds amounting to GHC109,290.00 deposited by its employee Clement Quansah at the defendant's Adum Kumasi Branch were wrongly credited to Quansah's account instead of the plaintiff's account. The plaintiff claimed the defendant bank was negligent in failing to crosscheck deposit slips and account details, breaching its contractual and fiduciary duties, and sought recovery of the funds, damages, and interest. The defendant denied negligence, attributing the error to fraudulent alteration of deposit slips by the employee, who was convicted of fraud.
read moreThe plaintiff’s action is: a. for a declaration that the defendants Adum Kumasi Branch has been negligent and defendant has consequently breached its contractual obligation to plaintiff when it credited the sum of GHC109,290.00 to the account of one Clement Quansah instead of plaintiffs account b. General damages for negligence, breach of contract, inconvenience and embarrassment in the sum of GHC5,000,000.00 c. Recovery of the sum of GHC109,290.00 with interest from 31st August, 2015 till date of final payment The plaintiff is a company engaged in the sale and retail of pharmaceutical products in Accra and Kumasi. It is the plaintiff’s case that it is a customer of the defendant at its Abbosey Okai Branch in Accra. According to the plaintiff it has been the practice of the defendant to notify its customers regarding transactions on their accounts via SMS Text alerts. Sometime January 2016 the plaintiff says it noticed that it had not received alerts in respect of deposi...