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Estate coy drags Access Bank to court over alleged fraud.

Diamond Estate Company Limited, an Accra-based estate development company, has filed a writ at an Accra High Court against Access Bank Ghana PLC, seeking a declaration that the defendant owed it a duty of care in the bank-customer relationship.

It is seeking a further declaration that the defendant breached its duty of care to the plaintiff, when it failed to comply with its request for documentation in respect of the accounts standing in the name of the plaintiff.

In a statement of claim accompanying the writ, the estate company said it would contend at the trial that Access Bank Ghana PLC had given its blessings to the supposed holder of an account that had been opened in its name to perpetrate fraud on it, and or that the defendant is in cahoots with the supposed holder to perpetrate the name fraud.

Diamond Estate Company Limited told the court that it received information on a criminal trial involving one of its directors having defrauded customers who paid various sums of money into the defendant's bank, and the said Director withdrew same without performing the obligations for which the named customers deposited the various sums.

The plaintiff avers that it requested its lawyers to write to the defendant to furnish it with all relevant documentations regarding the opening of the named account, as it was not aware of the named transaction.

The statement further claimed that the defendant, Access Bank, refused and or failed, and or neglected to comply with the plaintiff's just demands, adding that in its reply, the bank told lawyers of Diamond Estates that it was awaiting confirmation from the account holder.

The plaintiff found this position of the defendant as irregular, as the holder of the named account is the plaintiff and no other person could be the holder. The plaintiff would contend at the trial that the defendant had given its blessings to the supposed holder to perpetrate fraud on it, and or that the defendant is in cahoots with the supposed holder to perpetrate the named fraud. The plaintiff would further contend at the hearing that the named account has been fraudulently opened and or operated to perpetrate fraud on it.

The statement of claim further continued that the plaintiff has not applied to the defendant to operate any account with it, and that the defendant allowed a third party to operate an account in the plaintiff's name without the necessary genuine documentations.

'The defendant failed in conducting due diligence in the verification of the company and has plunged the plaintiff into huge debts as a result of the named failure.

'Plaintiff would contend that the defendant owed to it a duty of care in the circumstances, which it failed to do.

'Plaintiff would further contend that all depositors into the named accounts would be bringing legal suits against it should they realise that they have been duped by the company and its attendant damages,' the writ stated.

The plaintiff is, therefore, praying the court to award GH?1,000,000 in damages against the defendant.

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Publication:Ghanaian Chronicle (Accra, Ghana)
Date:Feb 21, 2019
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