JUDGMENT
The Plaintiff herein has sued the Defendant for:
“(a) The sum of US$187,932.73 being principal loan balance and interest accrued as at 5th March 2009
(b) Interest on the said loan balance of US$187,932.73 from 5th March 2009 to date of final payment.
(c) An amount of GH¢3,043.92 being loan facility charges which Defendant has failed to pay to the Plaintiff.
(d) Cost.”
Per its pleadings, the Plaintiff’s case is that Defendant, a customer at the Plaintiff’s Tema Fishing Harbour Branch, lodged a cheque numbered 50055383 and endorsed with the amount of US$169,625.65 into his USD Forex Account No. 0040404670017, with the Plaintiff Bank. The said cheque was sent for collection through Citibank, its correspondent bank in New York, in the normal course of its business as a bank. The Citibank credited the Plaintiff’s account with the amount of US$169,302.65, and Plaintiff subsequently credited Defendant’s USD account with the said sum.
However, after the Defendant had withdrawn all of the mo…