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(2017) JELR 67635 (HC)

High Court  •  Suit No. BFS/93/14  •  29 Jun 2017  •  Ghana



The Plaintiff a limited liability company engaged in the business of banking instituted suit against the Defendant a fuel distributor for recovery of the sum of GH¢73,264.50. The Plaintiff’s case as could be gleaned from its Statement of Claim was that the Defendant had on 20th December 2012 issued a Stanbic Bank Cheque with the face value of GH¢73,264,50 in favour of Shell Ghana Ltd. This cheque had been deposited with the Plaintiff to be credited to the account of Shell Ghana Ltd. Shell Ghana Ltd later informed the Plaintiff that upon reviewing their account it was found that the said cheque had not been credited to their account. The Plaintiff upon investigation detected that the cheque had been inadvertently misplaced by bank staff.

It was the Plaintiff’s case that it notified both the Defendant and Shell Ghana Ltd of the misplaced cheque and requested the Defendant to block the missing cheque to prevent it from falling into the wrong hands and being encashed. Plaintiff eventually …

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