DJABAN AND ANOTHER VRS. STANBIC BANK (E2/145/2017) [2024] GHAHC 204 (7 May 2024)

Stanbic Bank is vicariously liable for the fraudulent acts of Martha Amakye, who was deemed an employee acting within the scope of her employment. Plaintiffs who provided proof of payment are entitled to refunds with interest at the Bank of Ghana rate. General damages for fraud are denied as fraud was perpetrated by the employee, not the bank directly.

Citation: DJABAN AND ANOTHER VRS. STANBIC BANK (E2/145/2017) [2024] GHAHC 204 (7 May 2024)
Parties: Plaintiff: Isaac Djaban; Plaintiffs: Esther Franco & 67 Others; Defendant: Stanbic Bank
Court: ghahc
Jurisdiction: Ghana
Judgment Date: 7 May 2024
Procedural Posture: Civil / Final Judgment
Outcome: Plaintiffs' claims partially granted
Legal Topics: Vicarious Liability, Fraud, Contract of Employment, Investment Disputes
Source Language: eng

Banking Law Employment Law Tort Law Vicarious Liability Fraud Contract of Employment Investment Disputes

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 11 Party arguments 2 Amounts and remedies 2

Parties

Isaac Djaban

Plaintiff

Esther Franco & 67 Others

Plaintiffs

Stanbic Bank

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

1 Whether Martha Amakye was acting within the scope of her duties to Stanbic Bank
2 Whether Stanbic Bank is vicariously liable for the fraudulent acts of Martha Amakye
3 Whether the Plaintiffs are entitled to refunds and interest for monies paid

Ratio Decidendi

Court Disposition

Plaintiffs' claims partially granted

Orders

Stanbic Bank to refund monies to Plaintiffs who provided proof of payment, with interest at Bank of Ghana rate from date of payment to final payment.
Plaintiffs without proof may claim upon production of evidence.