NEUSEITE MEDITEK AND KONSULT
V.
UNITED BANK FOR AFRICA (GH) LTD

(2021) JELR 108991 (CA)    
Court of Appeal  ·  Hl/28/2021 ·  22 Jul 2021 ·  Ghana
CORAM
SENYO DZAMEFE JA (PRESIDING), P. BRIGHT MENSAH JA, NOVISI ARYENE JA
Core Terms Beta
plaintiff
defendant
employee
clement quansah
reasonable care
trial judge
good faith
vicarious liability
plaintiff's account
check plaintiff's name
cross examination
customer relationship
deposit slips
general damages
criminal acts of a customer
defendant's employees
fraudulent acts of its employees
plethora of cases
proper issue
third parties
account of the person
additional grounds of appeal
award of the sum of ghؚ
case of plaintiff
conduct of its agent
defendant's abossey okai branch
defendant's adum branch
following grounds of appeal
following particulars of negligence
fraudulent acts of its employee
gravamen of plaintiff
issue of contributory negligence
learned justices
legal doctrine
normal course of employment
plaintiff's accounts
portion of the judgment of the trial court
principle of the law of tort
total sum of gh
trial conference

JUDGMENT

NOVISI ARYENE JA

Plaintiff/respondent hereinafter refer red to as plaintiff, is a company engaged in the  sale and retail of pharmaceutical products in Accra and Kumasi. Defendant/appellant, herein after referred to as defendant, is a Bank with branches in Accra and Kumasi. Plaintiff is a customer of defendant Bank with accounts  at defendant's Abossey Okai Branch in Accra, and its Adum branch, Kumasi. 

The gravamen of plaintiff's claim is that between August 2015 and January 2016,  it entrusted its employee, Clement Quansah with a total sum of Gh¢109,290.00, to  be deposited in its account at defendant's Adum branch in Kumasi. Deposit slips  were issued to plaintiff as evidence of crediting the account . Plaintiff contended that  sometime in January 2016, it noticed that it had not received the usual SMS text  alerts from defendant for deposits made at the Adum Branch since August 2015,  and a complaint was lodged with defendant . Investigations revealed that twenty-nine deposi…

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