Court slaps Fidelity bank with GH¢800k in damages for negligently freezing account of customer

The Commercial Division of the High Court Presided by the learned Justice Sedina Agbamava has ordered Fidelity Bank Ghana limited to defreeze the account standing in the name of one Francis H. Abraham and has awarded damages to the tune of GH¢800,000 against the bank for negligently freezing the dollar account of the said Francis Abraham.

Her Ladyship made this order in addition to a cost of GH¢75,000 against Fidelity Bank in a judgment dated 18th March, 2024 reported on the 2024 Cases of The Law Platform.

Per the Presiding judge, the bank acted negligently when it froze the account of the plaintiff in the case for well over three years without any order of the court or legal ground.

The court rejected arguments canvassed by counsel for Fidelity Bank, Amina Ali Issaka Esq. that the action of the bank was done on the basis of sound banking laws as espoused in the case of Justice Abdulai v Ecobank Ghana Ltd reported on the 2023 Case Report of The Law Platform.

The court also granted the relief of defamation against the Defendant Bank in the selfsame 18th March Judgment titled Francis F. Abraham v Fidelity Bank Ghana Limited [TLP-HC-2024-05].

Per the court, the failure by Fidelity Bank to honour a cheque issued by the plaintiff amounted to defamation of the plaintiff as argued by learned Counsel for the Plaintiff, Emmanuel Bright Atokoh Esq.

The Court thus awards damages against the bank as follows:

"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"