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GBEWAA PETROCHEMICALS
V.
STANBIC BANK GH. LTD & ANOR

(2020) JELR 112265 (CA)

Court of Appeal 5 Nov 2020 Ghana
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- The Court of Appeal held that the Bank of Ghana’s notice sanctioning customers (including bans for issuing dud cheques) is valid and within its statutory mandate; the requirement for written authority or signed directives did not invalida

Case Details

Suit Number:H1/228/2018
Judges:SENYO DZAMEFE, J. A. (PRESIDING) L. L. MENSAH, J.A. ERIC K. BAFFOUR, J.A
Counsel:Plaintiff Represented by Murtula Abdul Salam, General Manager - Present Defendants/Appellants - Absent Papa Kwegyir-Aggrey, Esq for 1st Defendant/Appellant - Present Saviour Kudze, Esq for 2nd Defendant/Appellant - Present Kwame Fosu Gyeabour, Esq for Plaintiff - Absent
Location:Accra

JUDGMENT

BAFFOUR J.A

The propriety of a declaration by the court below to void a Notice issued by the 2nd Defendant/Appellant as well as the extent of the application of the audi alterem partem rule of natural justice are the main issues that come to the fore for consideration in this appeal. The Plaintiff had been a longtime customer of Stanbic Bank, 1st Defendant for short, since 2007. Without what he claims to be notice to him, a report was made to Bank of Ghana, 2nd Defendant, that he had issued at least three consecutive dud cheques. Based on the report from 1st Defendant, the 2nd Defendant ordered sanctions to be applied to him. Circulars were dispatched to all commercial banks not to allow Plaintiff to operate account or obtain any facility or enjoy any banking services. The sanctions were reversed after 1st Defendant had written to 2nd Defendant to reverse same. To Plaintiff the sanctions brought untold hardship, injury and financial loss to him and that the imposition of sancti…

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