BARCLAYS BANK LIMITED vs. GODSON AWORTWI DADZIE AND PHILIP NYATUAME [2016]DLCA4441

Date	2016-07-14
Suit No.	CIVIL APPEAL NO: H1/39/2016
Citation No.	[2016]DLCA4441

S. MARFUL-SAU J.A. (PRESIDING)

F.G. KORBIEH J.A.

I.O. TANKO AMADU J.A.

SIKA AGGREY FOR THE DEFENDANT /APPELLANT

NII KWEI AMASAH FOR THE PLAINTIFFS /RESPONDENTS

[2016]DLCA4441
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													<main id="main" class="content" style="min-height: 60rem" >BARCLAYS BANK LIMITED<o:p></o:p>(DEFENDANT/ APELLANT)<o:p></o:p>vs.<o:p></o:p>GODSON AWORTWI DADZIE AND PHILIP NYATUAME<o:p></o:p>(PLAINTIFFS/
RESPONDENTS)<o:p></o:p><o:p>&nbsp;</o:p>[COURT OF APPEAL, ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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CIVIL
APPEAL NO:&nbsp; H1/39/2016&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: 14TH JULY,
2016<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p>SIKA
AGGREY FOR THE DEFENDANT /APPELLANT<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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NII
KWEI AMASAH FOR THE PLAINTIFFS /RESPONDENTS <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;
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S.
MARFUL-SAU J.A. (PRESIDING), F.G. KORBIEH J.A., I.O. TANKO AMADU J.A.<o:p></o:p>

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

</div>F.G. KORBIEH, J.A.<o:p></o:p>The brief facts of this appeal, as
narrated in the plaintiffs/respondents’ writ of summons and statement of claim
are as follows: the plaintiffs/respondents are former employees of the
defendant bank who rose to the position of retail manager and customer team
manager respectively. They were both stationed at the Koforidua branch of the
bank. On the 3/1/2008, a customer of the bank, by name “No One Can Know” (NOCK)
went to the bank to withdraw a total of GH¢12.3 million by four separate
cheques. The said customer’s representative, one Mr. Aikins, had been
introduced to the Koforidua branch by the Okim Oda branch manager of the bank
who had explained that the Akim Oda branch had cash problems and requested the
Koforidua branch to assist the customer withdraw the money; thereafter the
customer had been doing business with the Koforidua branch in accordance with
the bank’s procedure for withdrawal of cash. So on the 3/1/2008, when Mr.
Aikins called to say that he was going to withdraw GH¢3,600,000.00, the 2nd
plaintiff/respondent checked the account of NOCK and saw that it had GH¢4,200,000.00
in it. As he was wont to do, the 2nd plaintiff/respondent called one
Miss Joyce Bekoe of the Treasury Department at the head office of the bank for
authorization and she confirmed and approved the withdrawal. After the 2nd
plaintiff/respondent had completed filling the forms for the withdrawal of the
GH¢3,600,000.00, Mr. Aikins called again to say that he was also going to
withdraw GH¢8,700,000.00. The 2nd plaintiff/respondent however
declined to handle that transaction because of the quantum of the money
involved. But through the instrumentality of Mr. Aikins, the 2nd
plaintiff/respondent got a call from Miss Bekoe instructing him to process and effect
payment of the second cheque as well. The 2nd plaintiff/respondent
had checked the customer’s account and found that by then it then had
sufficient funds to accommodate the two cheques. He therefore proceeded to
process the second cheque as well and eventually went with Mr. Aikins’ son,
Bright AsieduAikins, to the Bank of Ghana agency in Koforidua where, after
completing the final processes, he left Bright Asiedu Aikins to be paid the
cash. On the 31/1/2008, the plaintiffs/respondents each received a letter
suspending them from work pending investigations into the unauthorized cedi
overdraft withdrawal on NOCK’s account. The plaintiffs/respondents were
subsequently summoned before a committee set up by the defendant to investigate
their involvement in the withdrawal and loss of GH¢12.3 million to the
defendant bank. Afterwards the plaintiffs/respondents were summarily dismissed
from the employment of the bank for alleged gross misconduct. The
plaintiffs/respondents averred that in view of all the circumstances of the
case, their summary dismissal was unwarranted, unjustified, wrongful and
unfair. They therefore sued the defendant/appellant claiming the following
reliefs:<o:p></o:p>i)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
A
declaration that the purported dismissal of the plaintiffs/respondents was
wrongful and unwarranted.<o:p></o:p>