[2024]DLSC17522 • May 6, 2024 • High Court
INTERCONTINENTAL GROUP (GH) LTD vs. ZENITH BANK (GHANA) LIMITED
The Plaintiff (Intercontinental Group) filed a suit against the Defendant (Zenith Bank) claiming that the bank owed a duty of care which was breached, seeking damages and interest related to a sum of US$425,461.5 allegedly remitted to the Plaintiff's business partners in Russia. The Defendant filed a motion to strike out the Plaintiff's pleadings and dismiss the suit for nondisclosure of reasonable cause of action, arguing that the Plaintiff failed to plead the essential elements of negligence, including duty of care, breach, and resultant damage.
read moreRULING On 19th January 2024, the Defendant/Applicant (hereinafter called the Applicant) filed a motion before the court. The motion is praying the court to strike out the Plaintiff/Respondent (hereinafter called the Respondent) pleadings and dismiss the instant suit for non-disclosure of reasonable cause of action pursuant to the inherent jurisdiction of the court. The motion is supported by affidavit. The relevant paragraphs are as follows: 6. That the Respondent issued Writ of Summons and Statement of Claim on 13th January 2023, against the Applicant claiming the following reliefs: a. A declaration that the Applicant Bank owes the Respondent a duty of care and which duty has been breached. b. Interest on the sum of US$425,461.5 at the commercial rate from 7th December 2022, until the date the sum of US$425,461.5 was remitted to Respondent’s business partners in Russia. c. General damages. d. Cost. 7. That the Applicant filed Statement of Defence on 3rd February 2023, and .....