MRS. ELIZABETH AMOAKO vs. BARCLAYS BANK OF GHANA LTD [2013]DLHC8201

Date	2013-04-19
Suit No.	SUIT NO. C3/1/2011
Citation No.	[2013]DLHC8201

HIS LORDSHIP JUSTICE JACOB B. BOON

FELIX AMOAH FOR THE PLAINTIFF

K. AMOAKO FOR THE DEFENDANT.

[2013]DLHC8201
																																						<div class="restriction-wrapper">
														<div class="container-lg">
															<div class="row">
																<div class="col-md-12 restricted-content">
																	<div class="restricted-content-img-wrapper">
																		<div class="lock-icon bounce-7">
																			<img class=""
																				src="https://www.dennislawgh.com/dl-assets/dl-images/lock-content.png"
																				alt="Subscription based content">
																		</div>
																	</div>
																	 
																		<a href="https://www.dennislawgh.com/login"
																		class="btn btn-primary btn-lg"
																		style="font-family: 'open sans'; text-transform: capitalize; border-radius: 8px"> 
																		Login to Read Full Case </a>
																	 
																	
																</div>
															</div>
														</div>
													</div>
													<main id="main" class="content" style="min-height: 60rem" >MRS. ELIZABETH
AMOAKO<o:p></o:p>(PLAINTIFF)<o:p></o:p>vs.<o:p></o:p>BARCLAYS BANK OF GHANA LTD.<o:p></o:p>(DEFENDANT)<o:p></o:p>[HIGH
COURT, KUMASI]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

SUIT
NO. C3/1/2011&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;DATE: 19TH APRIL, 2013<o:p></o:p>

</div>COUNSEL:<o:p></o:p>FELIX
AMOAH FOR THE PLAINTIFF <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

K.
AMOAKO FOR THE DEFENDANT.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <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:0cm 0cm 1.0pt 0cm">

<p class="MsoNormal" style="margin-bottom:0cm;margin-bottom:.0001pt;text-indent:
0cm;line-height:115%;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0cm;mso-padding-alt:0cm 0cm 1.0pt 0cm">HIS
LORDSHIP JUSTICE JACOB B. BOON<o:p></o:p>

</div>The plaintiff is a
dismissed worker of Barclays Bank of Ghana Ltd, the defendant herein, to be
referred to as the bank. She was employed by the bank as a clerk in 1977 and as
at the time of her dismissal on 15th December, 2009, she was a Customer
Team Leader in charge of operations at Prempeh II Street branch of the bank in
Kumasi. Her rank was referred to as Operations Manager by the Employee
Relations Officer of the bank. He testified as the only witness for the defendant.
The witness said plaintiff was dismissed because she signed “a document, a voucher,
that was above her limit and the defendant (bank) lost some funds…” In other
words, the plaintiff was accused of sanctioning the payment of an amount of
GH¢92,000.00 to a customer of the bank called Alimatu Issaka when the amount
was above her limit. It was asserted by the bank that it was later discovered
the amount was stolen and fraudulently transferred into the account of the
customer. It was further averred the plaintiff grossly misconducted herself by
violating laid down procedures of the bank when she passed payment of the
amount from a dormant account which was not Know Your Customer Complaint,
otherwise referred to as KYC. After her dismissal, she instituted the instant
writ claiming against the bank (a) a declaration that her dismissal was
unlawful, (b) damages for wrongful dismissal and, (c) an order compelling the
defendant to pay her all benefits and entitlements. Her case is clearly stated
in the pleadings. For clarity, I hereby reproduce paragraphs 5 to 15 of her
statement of claim:<o:p></o:p><o:p>&nbsp;</o:p>“5. The plaintiff who started as a Clerk rose to the rank
of Customer Team Leader in charge of operations at the defendants Bank Branch
at the Prempeh II Street, Kumasi.<o:p></o:p><o:p>&nbsp;</o:p>6. The plaintiff was in charge of all operations at the
Branch at Prempeh II Street <o:p></o:p><o:p>&nbsp;</o:p>7. The plaintiff was on a monthly salary of GH¢1,882.85.<o:p></o:p><o:p>&nbsp;</o:p>8. The plaintiff has power to authorize the payment of
money up to a certain amount and same is shown on defendant’s computers at the
bank.<o:p></o:p>9. On 24th April, 2009 an amount of
GH¢92,000.00 was withdrawn from one customer Alimatu Issaka’s accounts.<o:p></o:p><o:p>&nbsp;</o:p>10. The said Alimatu Issaka had at the time of the
withdrawal sufficient amount in her accounts to enable her to withdraw the sum
of GH¢92,000.00<o:p></o:p><o:p>&nbsp;</o:p>