MACKOF LIMITED
V.
BARCLAYS BANK OF GHANA

(2015) JELR 107620 (HC)    
High Court  ·  SUIT NO. BFS/250/09 ·  3 Dec 2015 ·  Ghana
CORAM
JUSTICE GIFTY DEKYEM
Core Terms Beta
plaintiff
2nd defendant
1st defendant
cheques
3rd defendants
ampong darkwah
bank account
said cheques
3rd defendant
barclays bank
name of plaintiff
samuel appiah awuku
various accounts
1st defendant’s bank
ghana commercial bank
opening of the account
sufficient evidence
2nd defendant stole
amalgamated bank
current account
first directors
q take
said amount
burden of producing evidence defined
case of plaintiff
cheques activity face value
customer of 1st defendant
directors of plaintiff
laws of the republic of ghana
lord charlotte owusu
monthly software maintenance gh
name of mckof
particulars of the cheques
part time employment
payments mr ampong dakwa
plaintiff’s case
provisions of the evidence decree
q now charlotte owusu
regard pw3
said stolen cheques

JUDGMENT  

Plaintiff, a company registered under the laws of the Republic of Ghana per its  amended statement of claim averred that 2nd Defendant was in part time employment with Plaintiff from March 2005 to December 2008. Plaintiff averred  that 2nd Defendant was and still is a customer of 1st Defendant at its Kwame  Nkrumah Circle (Prestige) Branch. It is the case of Plaintiff that 2nd Defendant acting together with his wife 3rd Defendant who are not first directors and have  never been directors of Plaintiff but purporting to be such directors presented  forged documents to 1st Defendant to open a current account at its Prestige  branch in the name of Plaintiff, “Mckoff Limited”. Plaintiff averred that its  authorized bank account is at Amalgamated Bank, Accra, and that with the active  connivance of officers of 1st Defendant or alternatively but for the 1st Defendant’s  total failure to make inquiries as to the prospective customer, the said fraudulent  account which was opened wi…

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