Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



SELWYN NII LANTEY BOYE AND DESMOND LANTEY BOYE
V.
UNIVERSAL MERCHANT BANK

(2021) JELR 109056 (HC)    
High Court  ·  GJ/0416/2020 ·  20 Oct 2021 ·  Ghana
CORAM
KWEKU T. ACKAAH-BOAFO, J

Ratio Decidendi

Core Terms Beta
defendant
plaintiffs
court
valindes ventures
mercy blanc aidoo
duty of care
bank account
instant suit
high court
statement of claim
subject matter
cause of action
defendant bank
eighty ghana cedis
res judicata
respectful opinion
ghana education service
opening of an account
statement of defence
additional issues
civil procedure
doctrine of res judicata
honourable court
instant matter
registrar-general’s department
above paragraph
allegation of fact
alleged negligence
basis of the defendant
branch manager
cross-examination
defendant’s bank
dw1 witness statement
estate of the late selwyn okoe boye
further pleading of the plaintiff
learned author
legal fees
name mercy blanc aidoo
negligent act
open court
plaintiffs’ pleadings
plaintiffs state
rules of court
said account
subject matter of this suit

JUDGMENT 

ACKAAH-BOAFO, J.

i. Introduction

[1] The Plaintiffs are seeking an order for the refund of the sum of Four Hundred and  Forty-Four Thousand Nine Hundred and Eighty Ghana Cedis (GH¢444,980.00) as loss  incurred to the estate of the late Selwyn Okoe Boye (Deceased) and also damages from  the Defendant on the basis of the Defendant’s alleged negligence in opening of an account  for Valindes Ventures, an Enterprise operated by the deceased. 

[2] The Plaintiffs are administrators of the estate of the deceased who passed on 22nd  March, 2014. They contend that during his lifetime the deceased was the sole proprietor  of Valindes Ventures, and after his death same has been included in his Estate. They  contend that Valindes Ventures executed a contract with the Ghana Education Service  (GES), for the supply of Braille Equipment which was supplied. According to the  Plaintiff, the GES paid the amount involved which was GH¢444,980.00 and a woman by  name Mercy Blanc Aidoo, who was li…

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