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NEUSEITE MEDITEK AND KONSULT V. UNITED BANK FOR AFRICA (GH) LTD

(2021) JELR 108991 (CA)

Court of Appeal  •  Hl/28/2021  •  22 Jul 2021  •  Ghana

Coram
SENYO DZAMEFE JA (PRESIDING), P. BRIGHT MENSAH JA, NOVISI ARYENE JA

Appearances
EMMANUEL BRIGHT ATOKOH FOR RESPONDENT MISS MARGARET OWUSU FOR APPELLANT

Judgement

JUDGMENT

NOVISI ARYENE JA

Plaintiff/respondent hereinafter referred to as plaintiff, is a company engaged in the  sale and retail of pharmaceutical products in Accra and Kumasi. Defendant/appellant, herein after referred to as defendant, is a Bank with branches in Accra and Kumasi. Plaintiff is a customer of defendant Bank with accounts  at defendant's Abossey Okai Branch in Accra, and its Adum branch, Kumasi. 

The gravamen of plaintiff's claim is that between August 2015 and January 2016, it entrusted its employee, Clement Quansah with a total sum of Gh¢109,290.00, to be deposited in its account at defendant's Adum branch in Kumasi. Deposit slips were issued to plaintiff as evidence of crediting the account. Plaintiff contended that sometime in January 2016, it noticed that it had not received the usual SMS text alerts from defendant for deposits made at the Adum Branch since August 2015, and a complaint was lodged with defendant. Investigations revealed that twenty-nine deposits …

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