A Kumasi business man, Osei Kwabena, operating Osei Kwabena Trading Enterprise has hauled the United Bank for Ghana to the High court (Commercial Division) over $80,565.
With UBA, the first defendant, is one Prince Effah, a former UBA Branch manager, as second defendant.
The plaintiff claims, second defendant fraudulently appropriated $80,565 as an employee of the first defendant bank and therefore seeking a declaration of the bank that the dishonest and fraudulent appropriation of $80,565 meant for Continental Commodities in France, is a breach of the defendant bank’s fiduciary obligation to the plaintiff as a customer of its Adum branch.
The writ filed by Lawyer Kwabena Opoku-Mensah of the O & A Legal Consult in Kumasi, is also seeking an interest on the alleged misappropriated amount from December 28, 2018 to the date of final payment.
He also prayed the court for a further interest on the €5,000 from April 2019 till the date of final payment.
The Court presided over by His Lordship Justice Kofi Akrowia on November 8, 2022 entered judgement for the plaintiff, Osei Kwabena, in respect of his reliefs.
The court further awarded a general damages of GHc10,000 and cost of GHc20,000 for the plaintiff against the second defendant and GHc15,000 against the bank.
But the UBA on March 8, 2023 filed an application for stay of execution of the judgement by the High Court.
It appealed against the entire judgement of the High Court on the grounds that the said judgement was against the weight of evidence and prayed that the Appellate Court reverses November 8, 2022 judgment.
Meanwhile, the Court of Appeal sitting on May 3, 2023 has granted the appeal of the first defendant on condition that the first defendant/appellant pays US$20,000 out of the US$80,565 to the plaintiff/respondent and pay US$60,565 into Court pending the determination of the appeal.
The Appeallate Court, presided by Mrs. Justice Georgina Mensah-Datsa together with Mrs. Justice Hafisata Amaleboba and Justice Patrick Kwamina Baiden, also ordered that all other amounts ordered by the trial court to be paid including costs are remanded pending determination of the appeal. E N D.