2 Bank Employees Withdraw GH₵4,748,801.00 From Customer’s Account
…Court Orders Substituted Service Against Abii National Savings & Loans, Others
The High Court in Kumasi has issued an Order for Substituted Service in a case involving Abii National Savings and Loans Bank and two of its employees over alleged unlawful withdrawal of monies from a customer’s account without his knowledge.
The court order, issued on January 16, 2024, in Suit Number GJ2/57/2023, follows an allegation that two employees of the bank, namely Joseph Ato Hewton and Henry Howard Ankai, 2nd and 3rd Defendants respectively, had unlawfully withdrawn a staggering GH₵ 4,748,801.00 (equivalent of over 4billion old cedis) from a customer (now Plaintiff’s) accounts for their private consumption without his consent.
The withdrawals were made using duplicates of about 26 forged cheque leaflets, from four different accounts belonging to the plaintiff at Abii National Savings and Loans Bank, Kumasi branch.
But despite attempts to bring Joseph Ato Hewton and Henry Howard Ankai to court, they have evaded appearances, prompting the High Court to issue an Order for Substituted Service against them.
An investigation by the Criminal Investigation Department (CID) of the Ashanti Regional Police headquarters revealed that the two employees, currently at large, admitted to the offence of unlawfully withdrawing GH₵ 4,332,301.00 using forged cheques.
The forensic report by the Ghana Police confirmed that the 26 cheques were indeed forged and did not represent the genuine signature of Dr. Frank Awuah Adjei, with Abii National Savings and Loans.
Additionally, electronic transfers/withdrawals totaling GH₵416,500.00 were carried out on the accounts of Dr. Frank Awuah Adjei by Joseph Ato Hewton and Henry Howard Ankai without the knowledge or authorization of Dr. Adjei.
The plaintiff, Frank Adjei, alias Dr. Frank Awuah Adjei, per court documents sighted by The Anchor, is a grant businessman and is a resident and domiciled in Kumasi, but carries his commercial activities through Ghana.
Substituted Service Order
The order, sighted by this paper reads: “UPON READING the affidavit of Frank Awuah Adjei alias Dr. Frank Adjei of H/NO.PLOT 8 BLOCK N, SANTASI, KUMASI sworn to and filed on 10th day of January, 2024 in support of Motion ex-parte substituted service.
AND UPON HEARING HANSEN KWADWO KODUAH ESQ, OF IN GOD I TRUST LEGAL CONSULT LTD. NNEAR WASHINGTON VIEW HOTEL, AHINSAN, KUMASI, Counsel for and on behalf of the Plaintiff/Applicant herein.”
“IT IS HEREBY ORDERED THAT: The Amended Writ of Summons and Statement of Claim dated the 27th day of November, 2023 on the 2d and 3rd Defendants herein through substituted service by posting copies at the following places
- HIGH COURT NOTICE BOARD, (LAND DIVISION, KUMASI)
- DELIVERING COPIES TO THE 1ST DEFENDANT BEING THE EMPLOYER OF THE 2ND AND 3RD DEFENDANTS
- BY PUBLICATION IN THE DAILY GRAPHIC FOR 14 DAYS”
The order, which has since been carried out and published in the Tuesday, January 23, 2024, edition of the Daily Graphic, was given under the hand and seal of the High Court, Kumasi and signed by the Chief Registrar, Ustarz Hamza.
Meanwhile, the plaintiff is demanding urgent recovery of the liquidated sum of GH₵ 4,748,801.00 which he had invested with the 1st Defendant in 2017.
He also wants general damages of GH₵2,000,000 against the 1st Defendant for the economic injuries and hardships occasioned to the Plaintiff in breaching their contract of engagement.
Finally, the plaintiff demands interest on the sum as claimed from January 2017 until final date of payment at the prevailing Bank of Ghana Lending Rate.