BANK OF AFRICA GHANA vs. MAYFRED NYAMEKYE

The Plaintiff is a limited liability company incorporated under the laws of Ghana and carrying on the business of banking whiles the Defendant is a customer of the Plaintiff bank. Briefly, the facts of the case as can be surmised from the records are that on or about July 22, 2013, the Plaintiff honoured a cheque with reference no. 0862753 in the amount of One Hundred Thousand Ghana cedis (GH¢100,000.00), which was presented through clearing. The cheque was issued by the Defendant to the payee, Lucky Oil. It is the submission of the Plaintiff that the honouring of the cheque was done erroneously since there were no funds in the account of the Defendant at the time the said cheque was presented. Upon discovery of the error on or about November 4, 2013, Plaintiff made a demand on the Defendant to repay the said amount and according to the Plaintiff, even though Defendant concedes that the payment was made in error, she has failed to make the due repayment on demand. It is the Plaintif....