DIABY COMPANY LIMITED vs. AHAFO ANO PREMIER RURAL BANK LIMITED & ANOR [2016]DLHC3773

Date	2016-01-29
Suit No.	SUIT NO.RPC/68/13
Citation No.	[2016]DLHC3773

ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT

FRANK OTOO FOR PLAINTIFF.

SARAH ARYEE FOR DEFENDANT.

[2016]DLHC3773
																																						<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" ><a name="OLE_LINK1">DIABY
COMPANY LIMITED<o:p></o:p></a>vs.<o:p></o:p>AHAFO ANO PREMIER RURAL BANK LIMITED &amp; ANOR<o:p></o:p>&nbsp;[HIGH COURT (COMMERCIAL DIVISION), KUMASI]<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">

SUIT NO.RPC/68/13&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; &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: 29TH
JANUARY, 2016<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p>FRANK
OTOO FOR PLAINTIFF.<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">

SARAH ARYEE FOR DEFENDANT.<o:p></o:p>

JUDGMENT<o:p></o:p>

</div>The Plaintiff, who
describes itself as a Limited Liability Company which carries on the business of
purchasing Cocoa Beans, brought the instant action against the Defendant Bank
on 21/02/2013. &nbsp;On an application made to
this court, the 2nd Defendant was joined to the suit. With leave of
the Court, the Plaintiff filed an amended writ of summons and Statement of
claim on 17/01/2014 claiming three reliefs jointly and severally, namely:<o:p></o:p>1.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
A recovery of cash sum of GH¢104,222.74
being the cash sum the Defendant negligently paid to one PETER NIMAKO without
proper authorization, failure by the Defendant to credit the Plaintiff's
account of the transfer cash sum by the Plaintiff's Head Office and other
negligent acts by the Defendant which has culminated in the Plaintiff losing
the said cash sum of GH¢104, 222.74.<o:p></o:p>2.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
Interest at the prevailing bank rate on the
said GH¢104, 222.74 from 1st December, 2011 till the day of final
payment.<o:p></o:p>3.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
Cost on indemnity basis.<o:p></o:p>The Plaintiff's case as contained
in its 14-paragraphed amended statement of claim is quite straight forward. As
a customer of the Defendant bank, the Plaintiff alleged that it instructed the
Defendant in writing that two persons, namely Nana Yaw Adjei Frimpong and Mr.
Peter Nimako were procedurally mandated to sign cheques to draw money from its
account.&nbsp; The earlier mandate of Mr.
Yeboah was withdrawn in writing. Irrespective of these mandates and directives,
it is the Plaintiff's case that the 1st Defendant negligently
transferred certain cash sums into the private account of Mr. Peter Nimako
without the authorization, consent and concurrence of the Plaintiff Company. Further,
the plaintiff averred that the 1st Defendant failed to credit its
account with some monies which were transferred to it by its Head Office.&nbsp; Particulars of negligence were neatly set out
in paragraph 10 of the amended statement of claim. It is also the Plaintiff's
case that these acts of the Defendants have had adverse effects on its
operations and it has incurred a huge loss as Ghana Cocoa Marketing Board has
been charging interest on the said cash sum.<o:p></o:p>The 1st Defendant
in its statement of defence filed on 20/03/2013 denied any acts of negligence,
stating that the Plaintiff habitually changed the mandates to the account. It denied
the Plaintiff's assertions on the concurrent signatories to the account at all
times and also alleged that it had dealt with Mr. Peter Nimako as singularly
representing the Plaintiff Company. Further in its defence, the 1st Defendant
alleged that the Plaintiff had queried Mr, Nimako for his alleged actions,
which he had denied and explained that part of the money was disbursed to the
Plaintiff's purchasing clerks, and a chunk of it paid to a purchasing
contractor to purchase cocoa beans for the Plaintiff. &nbsp;Yet, the Plaintiff took two vehicles belonging
to Peter Nimako and his building situated in Kumasi to defray the debt. &nbsp;Prior to his employment, the 1st Defendant alleged
that the Plaintiff took documents covering the 2nd Defendant's
building as collateral in anticipation of losses he may incur. The 1st
Defendant alleged fraud on the ground that the Plaintiff is trying to retrieve
monies already paid to it by Mr. Peter Nimako from the Defendant Company.<o:p></o:p>