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BARCLAYS BANK (GH) LTD
V.
HELI ENTERPRISES (KOFI KROM CO LTD, THIRD PARTY)

(2003) JELR 67476 (HC)

High Court 28 Jan 2003 Ghana
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- Where a cheque (bill of exchange) is issued and dishonoured, the drawer is liable to indemnify the person compelled to pay under sections 45(2) and 53 of the Bills of Exchange Act, 1961 (Act 55). - The court entered judgment for the defen

Case Details

Judges:DORDZIE J
Counsel:JESSIE JACINTHO FOR THE PLAINTIFF; JAMES ABIADUKA FOR THE DEFENDANT.

JUDGEMENT

DORDZIE J.

The plaintiff herein instituted this action against the defendant, Heli Enterprises, for the recovery of a liquidated sum of US$12,855.44 plus interest at the prevailing lending bank rate from 10 October 2002 till the date of final payment.

The circumstances under which the debt arose was given by the plaintiff as follows: The defendant on 7 August 2002 paid into its account a cheque with the face value of US$15,717. The plaintiff-bank credited the defendant’s account with the value of this cheque and on 15 August the defendant transferred the said amount to its overseas suppliers. The plaintiff later reversed the entry of the value of the cheque, ie $15,717 on the defendant’s account when they discovered that the said cheque was dishonoured. The defendant admitted it benefited from the dishonoured cheque and agreed to pay the debt; it made part-payments, the balance due the plaintiff is what is indorsed on this writ. The defendant submitted to judgment and judgment …

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