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ECOBANK NIGERIA PLC V. HISS HANDS HOUSING AGENCY AND ACCESS BANK (GHANA) LIMITED

(2017) JELR 66655 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/49/2016  •  6 Dec 2017  •  Ghana

Coram
ADINYIRA JSC (PRESIDING), YEBOAH JSC, GBADEGBE JSC, AKOTO-BAMFO JSC ,BENIN JSC

Judgement

JUDGEMENT

GBADEGBE JSC

The plaintiff bank took out the writ of summons herein claiming against the defendants certain reliefs touching and concerning its entitlement to a specified sum of money transferred from its bank account held with BCC, a bank in the Republic of Chad into the account of the 1st defendant with the 2nd defendant’s branch in Takoradi. The plaintiff’s claim did not find favor with the trial High Court and an appeal therefrom to the Court of Appeal was dismissed. As a result of the said dismissal, we have before us in these proceedings an onslaught directed at the judgment of the Court of Appeal. For reasons of convenience, the parties to the proceedings herein shall bear the designation which they bore in the trial court. Accordingly, the parties shall be described as the plaintiff, the 1st defendant and the 2nd defendant.

The relevant facts on which the action herein is based may be stated shortly as follows. The plaintiff, a bank incorporated in Nigeria desirous of e…

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