Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



RIGWORLD INTERNATIONAL SERVICES
V.
SOCIETE GENERALE GHANA LIMITED

(2018) JELR 65283 (HC)    
High Court  ·  SUIT NO. CM/BDC/0654/16 ·  12 Jul 2018 ·  Ghana
CORAM
AKUA SARPOMAA AMOAH (MRS.) JUSTICE OF THE HIGH COURT

Ratio Decidendi

Core Terms Beta
defendant
plaintiff
forged email address
y.o. salawu
indemnified email address
exhibit a
payment instructions
united states dollars
email address
kwame bannor
duty of care
said transfer
managing director of plaintiff
28th day of april
precision point ltd.
said y.o. salawu
managing director
reasonable care
ample evidence
breach of contract
cross-examination
defendant’s failure
email instruction
satander bank
supreme court
transfer instruction
transfer request
account holder of defendant bank
defendant’s negligence
evidence of communication
evidence of the official mandate
exhibit b
exhibits b
final payment
following reliefs
laws of ghana
legal fees
legal principle
plaintiff’s case
plaintiff’s claims
result of the act
said sum
said transfer instruction
transfer of plaintiff
unauthorized email address

JUDGMENT

AMOAH (MRS.) J.

The Plaintiff, in the present suit, seeks the following reliefs against the Defendant;

a) A declaration that the Defendant was not entitled to debit the account with the amount on the email instruction from koabban.rigworld servicesltd@gmail.com.
b) The repayment of the sum of Fifteen Thousand United States Dollars
(US$15,000.00) being the amount purportedly transferred by the email instruction.
c) Interest on the said sum at the contractual rate from April 28, 2016 up to date of actual and final payment.
d) Damages for breach of contract.
e) Costs including Legal Fees being 10% of the sum claimed in relief (b) above.

The Plaintiff’s case is that it is a Ghanaian registered company having its registered office at Number 11, Patrice Lumumba Street, Capital Place, Airport Residential Area, Accra. The Defendant, also registered and operating under the laws of Ghana, is a bank and engaged in the business of Universal Banking. The Plaintiff says that as an account holder of…

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