[2019]DLSC6157 • March 21, 2019 • Supreme Court •
CHARLES AFFRAN vs. SG-SSB LIMITED
The Plaintiff, Deputy Branch Manager of SGSSB Limited's Tema Fishing Harbour Branch, authorized two foreign transfer requests totaling £114,764 based on transfer letters with forged signatures. The Defendant bank charged the Plaintiff with negligence for failing to properly verify the signatures as required by bank protocol. The Plaintiff was terminated for gross negligence and sued for wrongful and unlawful termination. The High Court ruled in favor of the Plaintiff, but the Court of Appeal reversed, finding the Plaintiff negligent and the termination lawful.
read moreKOTEY, JSC:- This appeal is taken against the judgement of the Court of Appeal, which judgment reversed a judgment of the trial High Court. By a unanimous decision, the Court of Appeal allowed in part an appeal filed by the Defendant/Appellant/Respondent (hereinafter the Defendant) against the decision of the High Court entered in favour of the Plaintiff/Respondent/Appellant (hereinafter the Plaintiff). Facts A brief background of the events leading to these proceedings would be necessary for a better appreciation of the issues raised in this appeal. The Plaintiff was the Deputy Branch Manager of the Defendant bank’s Tema Fishing Harbour Branch. The Plaintiff was presented with two transfer request letters from Emefs Construction Limited, a customer of the Defendant, for the transfer of £32,400 and £82,364 to a customer of Emefs Construction Limited. The Plaintiff signed against the signatures on the transfer request letters and forwarded them to the International Business Cen...