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PRINCE ASANTE V. ABSA BANK, GHANA AND THE EXECUTIVE DIRECTOR, ECONOMIC AND ORGANISED CRIME

(2023) JELR 112203 (HC)

High Court  •  HR/0018/2023  •  4 Apr 2023  •  Ghana

Coram
BARBARA TETTEH-CHARWAY (MRS.), J

Appearances
DIVINE DOTSE TETTEY FOR THE APPLICANT – PRESENT. GENEVIEVE BOSUMTWI-SAM HOLDING BRIEF FOR ALBERT GYAN FOR THE 1ST RESPONDENT - PRESENT BRIGITTE NADIA BARNOR WITH CHRISTABLE AWO TEI SASRAKU WITH KATE ATANGA HOLDING BRIEF CHRISTIAN MAWUSI NTOW BRIEF FOR THE 2ND RESPONDENT - PRESENT

Judgement
<p style="text-align: center"><strong><u>JUDGMENT</u></strong></p><p style="text-align: justify"><strong>1] PARTIES</strong></p><p style="text-align: justify">The Applicant, Prince Asante, is a customer of the 1 Respondent bank. The 2 Respondent is a statutory body responsible for investigation and prevention of economic and organised crime, among others.</p><p style="text-align: justify"><strong>2] FACTS OF THE CASE</strong></p><p style="text-align: justify"><strong><u>Applicant’s case</u></strong></p><p style="text-align: justify"><strong>3]</strong> The Applicant’s case is that he holds an account with the 1 Respondent. According to the applicant, sometime in February 2022, he received an amount of GHC374,023.47 from his brother, Reagan Mensah, for the upkeep of the family and to undertake a project on his brother’s behalf. As soon as the money was sent, the 2 Respondent caused a freezing directive to be issued on his account thereby preventing him from having access to same.</p><p style="text-align: justify"><strong>4] </strong>Subsequently, the 2 Respondent wrote to inform him that they were conducting investigations into a case of defrauding by false pretences, money laundering and tax evasion in which he was involved. By the said letter, which he attached as Exhibit E, he was requested to report to the Regional Director of 2 D…</p>

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