[2023]DLCA17634 • November 2, 2023 • Court of Appeal
SHUKRAH LIMITED vs. H.F.C. BANK
The Respondent, Shukrah Limited, a company engaged in transport and building materials business, held a current account with the Appellant, H.F.C. Bank. From April 2010 to January 2014, the Respondent discovered anomalies in its account statements, including multiple debits of cheques, wrongful entries, non-honouring of cheques despite sufficient funds, and double payments. Despite complaints and partial rectifications by the Appellant, the issues persisted, causing damage to the Respondent's business and relationship with the bank. The Respondent sued for negligence and breach of contract seeking damages.
read moreJUDGEMENT BAIDEN, C.E.E., J.A. The jurisdiction of this Court has been invoked by a Notice of Appeal filed on 9th August, 2021 against the judgment of the High Court, Kumasi dated 29th June, 2021 by the Defendant/Appellant (hereinafter referred to as “the Appellant”). The facts surrounding this case is that on 20th February, 2017 the Plaintiff/Respondent (hereinafter called the “Respondent”) issued out a Writ of Summons against the Appellant. By an Amended Writ of Summons filed on 18th December, 2020 the Respondent claimed the following against the Appellant:- a. A declaration that the Defendant was negligent in the manner it handled matters concerning the Plaintiff’s current account. b. Special and general damages for negligence OR alternatively, General damages for breach of contract. The facts surrounding this case are that the Respondent is a company limited by guarantee and registered under the laws of Ghana. The Respondent operates transport business and the sa...