BARCLAYS BANK (D.C.O.) vs. DABO [1964]DLHC1874

Date	1964-11-24
Suit No.
Citation No.	[1964]DLHC1874

SOWAH J.

MENSAH FOR THE PLAINTIFFS.

T. A. TOTOE FOR THE DEFENDANT.

[1964]DLHC1874
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													<main id="main" class="content" style="min-height: 60rem" >BARCLAYS BANK (D.C.O.)<o:p></o:p>&nbsp;vs. <o:p></o:p>DABO <o:p></o:p>[HIGH COURT, KUMASI]<o:p></o:p>[1964] GLR 637<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

DATE:
24 NOVEMBER 1964.<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

MENSAH FOR THE PLAINTIFFS.<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

SOWAH J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF SOWAH J.<o:p></o:p>The facts
of this case are simple. The defendant is a customer of the plaintiff bank
(hereinafter called the bank) and holds pass-book No. I.D. 88855 issued to him
by the bank. The system by which savings accounts of illiterates are kept by
the bank has been explained by the representative of the bank in evidence and I
do not propose to recount it. In the case of this particular defendant, I was
informed that before opening his account, finger print impressions of all the
fingers of his right hand were taken and the first deposit of £G100 was entered
into the savings pass-book which was given to him.<o:p></o:p><o:p>&nbsp;</o:p>A ledger
account was also opened which was always in the custody of the bank. When the
defendant wants to deposit any moneys, a slip is filled in, such as the slips
tendered in evidence, and if he is paying in the account himself, his thumb
print impression is taken of the right thumb and the amount deposited is
entered into his pass-book and later an entry is made in the ledger. If the
defendant wishes to withdraw any amount, a slip is filled in for him and impressions
are taken of all the fingers of the right hand, the amount he wants to withdraw
is entered in the pass-book and then entered in his ledger account.<o:p></o:p><o:p>&nbsp;</o:p>The bank
says that on 4 April 1961, 12 April 1961 and 13 April 1961 they credited the
defendant’s account with the sums of £G200, £G150 and £G186 2s. respectively
through a mistake of fact, namely through forgeries perpetrated in the
defendant’s pass-book and ledgers which forgeries made the bank believe that
the sums on the dates shown were deposited with the bank by the defendant, when
in fact no such deposits had been made by the defendant.<o:p></o:p>As a
result of one Madam Adjoa Pokua coming to withdraw a sum which she had
deposited with the bank, the forgeries were discovered and one Badu a bank
counter clerk was successfully prosecuted and convicted and is serving a term
of imprisonment. Entries had been made both in the pass-book of the defendant
and in his ledger account with the bank which gave the impression that the
deposits had been made when in fact there had been no such deposit. From 4
April to 4 May the defendant was enabled to withdraw all those amounts which
totalled £G536 2s.<o:p></o:p><o:p>&nbsp;</o:p>The
defendant says that in or about February 1961 he purchased a vehicle for a
brother of his and opened a savings account in his own name with an initial
deposit of £G100. He handed his pass-book to the brother who was to put into
the savings account earnings from working the vehicle. It is of interest to
note that apart from the initial deposit of £G100 made on 18 February, the sums
paid in thereafter, i.e. from 15 February to 3 April were between £G7 and £G11.
The defendant admits that he did not pay in the sums of £G200 on 4 March 1961;
he did not pay the sum of £G150 on 12 April nor did he pay in £G186 2s. on 14
April 1961. He, however, admits withdrawing the various sums totalling £G536
2s. He says that between the period 4 April to 12 April he went to the bank
with his brother and withdrew these sums in his pass-book.<o:p></o:p><o:p>&nbsp;</o:p>His
brother was not called to give evidence and no explanation has been given for
his absence. But examining the defendant’s story, it is quite obvious to me and
should be obvious to any reasonable man, be he illiterate or otherwise that the
vehicle would be incapable of earning within a matter of ten days the sum of
£G536 2s. In my view he must have been aware that he was withdrawing moneys
which did not belong to him and was doing so quickly before any discovery was
made. From the evidence before me I am satisfied that the defendant did not
deposit these amounts nor were they deposited by any agent or brother of his
and that the defendant was enabled to withdraw these amounts which he admits he
withdrew by reason of the forgeries perpetrated on his employers by their
servants.<o:p></o:p><o:p>&nbsp;</o:p>