[2025]DLSC18351 • April 2, 2025 • Supreme Court •
CHEMITECH LIMITED AND MR. MINTAH GYAMPOH vs. STANBIC BANK GHANA LIMITED
The 1st Plaintiff, Chemitech Limited, a Ghanaian limited liability company, and its Executive Director, Mr. Mintah Gyampoh, sued Stanbic Bank Ghana Limited for negligence related to delayed and mishandled payment of a £5,017 banker's draft to Comma Oil and Chemicals Limited, a UK-based company with whom the Plaintiff had a longstanding credit relationship. The delay and mishandling allegedly led to the cancellation of a 60-day credit facility, causing loss of business, income, profits, reputation, and emotional distress. The Defendant admitted initial delay but attributed subsequent issues to third-party banks and denied negligence beyond initial failure to send authorization timely.
read moreJUDGMENT DARKO ASARE JSC: 1. This is an appeal filed against the judgment of the Court of Appeal, Accra dated the 17th of March 2022 which had affirmed an earlier judgment of the High Court Accra. 2. For purposes of convenience, the Parties in these proceedings, shall bear the same designation that they bore in the trial court and accordingly the Plaintiff/Appellant herein shall be described as the Plaintiff, whilst the Defendant/Respondent herein as the Defendant. FACTS 3. The facts giving rise to the instant appeal have been well set out in the judgment of the Court of Appeal, Accra and it will be necessary only to refer to the salient points necessary for the determination of this appeal, as set out in the said judgment. 4. The 1st Plaintiff is a limited liability company incorporated under the laws of Ghana whilst the 2nd is its Executive Director. The Defendant is a well-known banking institution in Ghana and the 1st Plaintiff’s bank. The Plaintiff has been tradin.....