[2023]DLCA18010 • July 6, 2023 • Court of Appeal
MCKOF LTD VS. BARCLAYS BANK OF GHANA & 2 ORS
JUDGMENT DR. E. OWUSU-DAPAAl J.A. INTRODUCTION: 1. The story of the Appellants in this case is, somewhat, similar to the biblical story of Acts 5:1 to 11 involving Ananias and Sapphira who agreed to outwit the Apostles by concealing proceeds from sale of their properties which ought to have been laid at the Apostles' feet. Appellants were a couple and acted together to outwit Respondent regarding cheque payment. 2. This appeal emanates from the judgment of the Commercial Division of the High Court Accra, delivered by Her Ladyship Justice Gifty Dekyem on 3rd December 2015. The Appellants are 2nd and 3rd Defendants who hereafter will be referred to as thew 1st Appellant and 2nd Appellants respectively. The 1st Defendant is not a party to the instant appeal as will be discussed later in this appeal. BACKGROUND 3. The Plaintiff/Respondent (hereinafter known as the Respondent) initially sued the 1st Defendant Bank for damages for conversion of eight (8) cheques with a tota...