DANIEL ARMOOH vs. HFC BANK GHANA LIMITED [2019]DLHC6862

Date	2019-01-21
Suit No.	SUIT NO: BMISC/993/2015
Citation No.	[2019]DLHC6862

HIS LORDSHIP JUSTICE KWEKU T. ACKAAH-BOAFO

KOBINA FOSU FOR THE PLAINTIFF

HANS AWUDE THE DEFENDANT

[2019]DLHC6862
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													<main id="main" class="content" style="min-height: 60rem" >DANIEL ARMOOH<o:p></o:p>(PLAINTIFF)<o:p></o:p>vs.<o:p></o:p>HFC BANK GHANA LIMITED<o:p></o:p>(DEFENDANT)<o:p></o:p>[HIGH COURT (GENERAL JURISDICTION DIVISION), ACCRA]<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: BMISC/993/2015&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &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: 21ST JANUARY, 2019<o:p></o:p>

</div>COUNSEL:
<o:p></o:p>KOBINA FOSU FOR THE
PLAINTIFF <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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HANS
AWUDE THE DEFENDANT <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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</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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</div>i.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Introduction:<o:p></o:p>[1]&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The Defendant
Bank, HFC Bank Ghana Limited now known and called “The Republic Bank” published
a disclaimer on Thursday October 22, 2009 in the Ghanaian Times and repeated
same in the Daily Graphic on Thursday October 28, 2009 with the photograph of
the Plaintiff Daniel Kwame A. Armooh to the effect that he had ceased to work
for them and therefore “anyone who transacts business with him in the name of
the Bank does so at his or her own risk”. At that time the Plaintiff had been
charged following a complaint of forgery lodged by the Defendant with the
Police and was been tried for conspiracy to commit fraud and forgery at the
Circuit Court. The Plaintiff had also been notified by the Defendant that he
had been dismissed. In this suit which is for wrongful dismissal, malicious
prosecution etc., Mr. Armoph contends that the publication was actuated by
malice because the publication caused him emotional distress and also prevented
him from gaining employment with any banking institution in the last nine
years. He has therefore called on this Court to award damages against the
Defendant for its actions.<o:p></o:p><span lang="EN-MY" style="font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Times New Roman&quot;;mso-bidi-font-family:&quot;Times New Roman&quot;;
mso-ansi-language:EN-MY"><o:p>&nbsp;</o:p><span lang="EN-MY" style="font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Times New Roman&quot;;mso-bidi-font-family:&quot;Times New Roman&quot;;
mso-ansi-language:EN-MY">[2]<span lang="EN-MY" style="font-family:
&quot;Book Antiqua&quot;,&quot;serif&quot;;mso-fareast-font-family:&quot;Times New Roman&quot;;mso-bidi-font-family:
&quot;Times New Roman&quot;;mso-ansi-language:EN-MY">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The
Plaintiff’s case is that whilst working with the Defendant Company on or about
30th July 2009, upon the instructions of the Defendant Bank’s employee he boarded
a vehicle and was driven by the said employee to the Adabraka Police Station in
Accra. According to him after waiting for a very long time he was questioned by
a Police Officer on an allegation of an attempt to defraud the Bank of huge
sums of money. He pleaded that despite his vehement denial he was charged by
the police and in September 2009 he together with another person were arraigned
before the Circuit Court Accra on charges of conspiracy and attempt to commit
fraud and he was charged alone with the offence of forgery. According to the
Plaintiff prior to the trial in August 2009 he was placed on interdiction by
the Defendant pending investigation into the allegations against him. <o:p></o:p><o:p>&nbsp;</o:p><span lang="EN-MY" style="font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Times New Roman&quot;;mso-bidi-font-family:&quot;Times New Roman&quot;;
mso-ansi-language:EN-MY">[3]<span lang="EN-MY" style="font-family:
&quot;Book Antiqua&quot;,&quot;serif&quot;;mso-fareast-font-family:&quot;Times New Roman&quot;;mso-bidi-font-family:
&quot;Times New Roman&quot;;mso-ansi-language:EN-MY">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Plaintiff
avers while the trial was pending, the Defendant on two consecutive occasions
published his photograph in both the Ghanaian Times and Daily Graphic
newspapers accompanied with words to the effect that the general public should
refrain from transacting business with him on behalf of the Bank and that anyone
who did business with him did so at his own risk. The Plaintiff further averred
that even though the Defendant Bank was convicted for Contempt and ordered to
retract the said publication it refused to comply with the order. Meanwhile,
according to the Plaintiff the Defendant in the course of the trial in breach
of its own disciplinary procedures outlined in the Defendant’s terms and
conditions of service purported to dismiss him from the employment of the
Defendant Bank. The Plaintiff further averred that he was acquitted and
discharged of all the charges levelled against him. The Plaintiff averred that
there was no reasonable or probable cause for his arrest and false imprisonment
by Defendant, hence the claim.<o:p></o:p><span lang="EN-MY" style="font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;mso-fareast-font-family:
&quot;Times New Roman&quot;;mso-bidi-font-family:&quot;Times New Roman&quot;;mso-ansi-language:
EN-MY"><o:p>&nbsp;</o:p><span lang="EN-MY" style="font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Times New Roman&quot;;mso-bidi-font-family:&quot;Times New Roman&quot;;
mso-ansi-language:EN-MY">[4]