Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



STANDARD CHARTERED BANK
V.
VICTORIA ISLAND PROPERTIES AND ANOTHER

(2004) JELR 63501 (CA)    
Court of Appeal  ·  12 Nov 2004 ·  Ghana
 · 
Other Citations
[2003-2005] 1 GLR 550
CORAM
TWUMASI JA, OWUSU-ANSAH JA, ANIM JA

Ratio Decidendi

Core Terms Beta
plaintiff
second defendant
first plaintiff
first defendant
first defendant-appellant
learned trial judge
plaintiff-respondent
due care
first defendant bank
lord atkin
standard chartered bank
cause of action
civil procedure
essential elements
high court
statement of claim
anz grindlays bank ltd
apparent reason
appeal fails
consequential order
credentials of the second defendant
criminal offences
crucial issues
elementary rules of statutory interpretation
explanatory notes
facts of this case
first defendant’s bank
first defendant’s liberia road branch
first plaintiff-respondent
following grounds
judgment of the high court
limited liability company
loss of their money
owner of account
particulars of negligence
passage of the judgment of the learned trial judge
plaintiff account
plaintiff’s bank
pleadings of the plaintiffs
previous experience
reputable bank
sale of shares
series of bank frauds
settled principle of the law of negligence
short comment
transfer of a sum of us
victoria island properties ltd
view of counsel

JUDGEMENT

TWUMASI JA.

This is an appeal from the judgment of the High Court, Accra dated 24 May 2002. It dramatises the horrors of some of the sophisticated banking frauds often heard of in these days. They are mostly technically designed criminal offences capable of detection only through the same lenses of high technology typical of our current computer age. The emphasis here is that modern criminals have left the streets and are using high technology to infiltrate our banking and other financial institutions for their fraudulent operations. It is within this background that the facts of this case must be scrutinised and analysed. The facts were as follows: Victoria Island Properties Ltd was a limited liability company incorporated in Nigeria, Hiku House 28/30 Macarthy Street, Lagos. It is the plaintiff herein. The next limited liability company is called ANZ Grindlays Bank Ltd, 7 Quai du Mont Blanc, Geneva and it is a reputable bank incorporated in and carrying on international bank…

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