[2021]DLCA10755 • July 22, 2021 • Court of Appeal
NEUSEITE MEDITEK AND KONSULT vs. UNITED BANK FOR AFRICA (GH) LTD.
Plaintiff, a pharmaceutical company with accounts at defendant bank's branches in Accra and Kumasi, entrusted its employee Clement Quansah with Gh¢109,290 to deposit into its account at the Adum branch. Deposit slips were issued as evidence. Plaintiff noticed absence of SMS alerts for deposits from August 2015 to January 2016 and lodged a complaint. Investigation revealed 29 deposits meant for plaintiff were credited to Quansah's personal account by four tellers at the bank. Quansah was convicted for fraud. Plaintiff sued for negligence and breach of contract by defendant bank.
read morePlaintiff/respondent hereinafter refer red to as plaintiff, is a company engaged in the sale and retail of pharmaceutical products in Accra and Kumasi. Defendant/appellant, herein after referred to as defendant, is a Bank with branches in Accra and Kumasi. Plaintiff is a customer of defendant Bank with accounts at defendant's Abossey Okai Branch in Accra, and its Adum branch, Kumasi. The gravamen of plaintiff's claim is that between August 2015 and January 2016, it entrusted its employee, Clement Quansah with a total sum of Gh¢109,290.00, to be deposited in its account at defendant's Adum branch in Kumasi. Deposit slips were issued to plaintiff as evidence of crediting the account . Plaintiff contended that sometime in January 2016, it noticed that it had not received the usual SMS text alerts from defendant for deposits made at the Adum Branch since August 2015, and a complaint was lodged with defendant . Investigations revealed that twenty-nine deposits meant for plaintiff's accou....