JUSTICE Y. ABDULAI V. ECOBANK GHANA LIMITED

BARTELS-KODWO (JA):-

INTRODUCTION:

This is an appeal from the decision of the High Court, Adentan, Accra dated 12th November, 2021 which decision dismissed the Plaintiff/Appellant’s (hereinafter called “the Appellant”) action brought against the Defendant/Respondent. 

At this point, it is trite knowledge that among the most important conditions in the contract between a banker and a customer who conducts a current account is the obligation of the banker to honour the customer's cheques to the extent of the customer's credit, see the cases of Joachimson v. Swiss Bank Corporation [1921] 3 KB 110 at 127; and Aktas v. Westpac Banking Corp Ltd [2007] NSWSC 1261 at page 1261. If for any reason, this is not stated expressly in a contract between a bank and a customer, it is as a matter of necessity, implied by law. 

At the same time, the ability of a bank to efficiently and effectively process cheques submitted by customers is a matter of general convenience and welfare of society Macintosh v. D…