HFC BANK LTD
V.
CHARLES OBENG BAWUAH

(2015) JELR 107666 (HC)    
High Court  ·  SUIT NO: RPC/66/2011 ·  23 Oct 2015 ·  Ghana
CORAM
JUSTICE NOVISI AFUA ARYENE (MRS.)
Core Terms Beta
defendant
account
plaintiff
court
cheques
parties
course of business
overdraft facility
30th december
sufficient funds
cross examination
overdraft
paget’s law
q. did hfc
bank manager
basis of a course of business
brief facts
circumstances of this case plaintiff
crucial question
date of final payment
defendant’s statement
director of finance of the judicial service
d. plaintiff’s representative
enforceable overdraft agreement
eric appiah
evidence power of attorney
exhibit
exhibit e
exhibits b
finance manager of expert consult
home appliances
justice novisi afua aryene
lawful attorney experts
laws of ghana
main issue
position of the law
prevailing bank rate
prior arrangement
recovery of the sum of ghc23,272.88
said cheques
substantial justice
sufficient money
tema branch of plaintiff bank
view of defendant

JUDGMENT 

Plaintiff’s claim is for the recovery of the sum of Ghc23,272.88 plus interest thereon at the  prevailing bank rate from 30th December 2011 to date of final payment. 

The brief facts are that defendant, a businessman dealing in home appliances and trading under  the name JTE Enterprises, was a customer at the Tema Branch of Plaintiff Bank. The thrust of  plaintiff’s plaint is that even though defendant did not have sufficient funds in his account, he  drew several cheques on his account which plaintiff honoured. Plaintiff further contended that  other cheques issued by the defendant were returned unpaid because he failed to regularize the  account and that the said cheques attracted the bank’s 10% penal charge. Plaintiff averred that  defendant has refused to settle his indebtedness despite repeated demands made on him and that  as at 30th December 2011, his indebtedness stood at Ghc23,272.88.

Defendant denied the claim and contended that he did not make any prior arrangemen…

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