Under the stewardship of Justice Sedina Agbamava, the Commercial Division of the High Court has mandated Fidelity Bank Ghana Limited to unfreeze the account held by Francis H. Abraham.
Furthermore, the court has levied damages amounting to GH¢800,000 against the bank for its negligent freezing of Abraham’s dollar account.
Furthermore, the court imposed costs of GH¢75,000 on Fidelity Bank. It found the bank’s actions negligent as it froze Abraham’s account for over three years without legal justification or a court order.
Arguments by Fidelity Bank’s counsel, Amina Ali Issaka Esq., regarding adherence to banking laws were dismissed.
Moreover, in the same judgment titled Francis F. Abraham v Fidelity Bank Ghana Limited [TLP-HC-2024-05], the court granted a relief of defamation against the Defendant Bank.
The failure of Fidelity Bank to honor a cheque issued by the plaintiff was deemed defamatory. Emmanuel Bright Atokoh Esq., counsel for the Plaintiff, successfully argued for damages.
The court awarded the following damages against the bank:
“Plaintiff advocates for exemplary and aggravated damages and I think he is entitled to it. I hereby award
i. General Damages for breach of contract, negligence, inconvenience and embarrassment in the sum of Two Hundred Thousand Ghana Cedis (GH¢200,000.00).
ii. General Damages in the sum of Two Hundred Thousand Ghana Cedis (GH¢200,000.00) for defamation.
iii. Exemplary damages in the sum of Four Hundred Thousand Ghana Cedis (GH¢400,000.00) against Defendant for its persistent failure and refusal to comply with the demands of the Plaintiff and the Orders of the Honourable Court for Defendant to defreeze the Plaintiffs accounts to enable him access same.
iv. Defendant is further ordered to pay interest on the sum of One Hundred and Thirty Thousand United States Dollars (USDS130,000.00) from the 2nd day of May 2018 to the 14th day ofJanuary, 2021.
Costs awarded in the sum of Seventy-Five Thousand Ghana Cedis (GH¢75,000.00) to the Plaintiff”
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