EMMANUEL KWADWO ODEI vs. BARCLAYS BANK GHANA LTD. [2017]DLHC16558

Date	2017-06-29
Suit No.	SUIT NO. BC/244/2010
Citation No.	[2017]DLHC16558

HIS LORDSHIP K. A. GYIMAH

ANTWI ABANKWAH FOR PLAINTIFF

EVANS DJIKUNU FOR DEFENDANT

[2017]DLHC16558
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													<main id="main" class="content" style="min-height: 60rem" >EMMANUEL
KWADWO ODEI <o:p></o:p>(PLAINTIFF)<o:p></o:p>vs.<o:p></o:p>BARCLAYS BANK
GHANA LTD.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <o:p></o:p>(DEFENDANT)<o:p></o:p>[HIGH
COURT, ACCRA]<o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0cm 0cm 1pt;">

SUIT NO. BC/244/2010&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&nbsp;JUNE 2017<o:p></o:p>

</div>COUNSEL<o:p></o:p>ANTWI ABANKWAH FOR PLAINTIFF,<o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0cm 0cm 1pt;">

</div>CORAM<o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0cm 0cm 1pt;">

</div>&nbsp;<div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0cm 0cm 1pt;">

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

</div>&nbsp;Introduction<o:p></o:p>&nbsp;This is a matter
that was initiated by the plaintiff on 15th February 2010.&nbsp; Evidence was led before Okwabi J. and at the
close of the case, the defendant applied to have an independent forensic
examination of the plaintiff’s disputed signatures after having seriously
disputed the evidence of the court appointed forensic examiner.&nbsp; On 3rd June 2014, the court
differently constituted ordered an independent forensic examination to be
conducted on the plaintiff’s disputed signatures.&nbsp; On 30th October 2014, the order
was varied on an application by the defendant. This order for an independent
forensic examination held up the determination of the case for well over two
years.&nbsp; The order was however not
complied with and on 25th January 2017, I vacated the said order and
ordered the parties to file their respective addresses for judgment to be
delivered in the matter.&nbsp; <o:p></o:p>&nbsp;It is of interest
to note that since the case was placed before me, counsel for the defendant has
never appeared before me in person but has been sending series of letters
seeking for adjournments for one reason or another.&nbsp; The last of such letters dated 7th
April 2017 was to request for additional time within which to file the
defendant’s address which was granted.&nbsp;
This time around, counsel for the defendant duly filed a well-written
address within the extended time limit given by the court.<o:p></o:p>&nbsp;Plaintiff’s Case<o:p></o:p>&nbsp;The plaintiff
describes himself as a pensioner who used to work with the Coca Cola Bottling
Co. Ltd. It is the plaintiff’s case that the defendant has been his bankers
whilst he was in employment and he was receiving his salary through the
defendant bank – first at the Avenue Central Branch and later transferred to
the Kwame Nkrumah Circle Branch. It is part of the plaintiff’s case that when
he retired, he directed his pension entitlements totaling GH₵3,700.00&nbsp; to be paid into his account held at the
defendant Bank, Kwame Nkrumah Circle Branch.&nbsp;
The said amount was paid and he gave instructions for the said amount to
be used to purchase treasury bills but after signing a document to that effect,
the treasury bills were not purchased by the defendant’s representative.&nbsp; <o:p></o:p>&nbsp;It is the
plaintiff’s case that while these issues were going on, his wife died and he
went to the Bank to withdraw part of his pension benefits for the purposes of
the funeral but to his utter shock and dismay, he was informed that he had no
such money in his account.&nbsp; He was thus
compelled to take a loan of GH₵1,100 to perform his wife’