Crime & Punishment of Tuesday, 18 July 2006

Source: GNA

Two businessmen sued Akyempim Rural Bank

Agona Swedru, July 18, GNA - Two businessmen have sued

the Akyempim Rural Bank and its three top officials for 2. 2 billion

cedis at the Swedru High Court for the unlawful confiscation of

gold dust, cash and a vehicle at gunpoint in their various stores at

Agona Swedru. The Bank officials are Jacob Wellington Assan, Manager,

Frank J K Baah, Accountant and Francis Kojo Amponsah,

Projects Manager. The two businessmen, Mr Simpa Osei Kwabia and Mr Amoako

Brockmann are claiming damages of about 1.9 billion cedis and

150 million cedis from the bank respectively. According to their statements of claim, the three officials

entered their stores on March 31st, 2006 with an armed

Policeman. The complainants said they took to their heels and returned to

realise the lose of "Egudzi" gold dust and 65 million cedis cash

while the accused also took away an Opel Kadet car and 30

million being the day's sales from a drug store for failing to pay

overdrafts of 85 and 40 million cedis respectively. Mr Kawbia is seeking an order of the court directing the

defendants to deliver 65 million cedis and the gold dust lost on

31st March 2006 and damages and interest on the sum due him

by reason of the loses incurred since the incident. Mr Osimpa Osei Kwabia is also was seeking an order

restraining the defendants, their agents, personal

representatives, assigns, privies, workmen, servants or labourers

from invading his store in demand of the overdraft facility. The plaintiff told the court that he was a customer of the Bank

and on or about December 2004, the Manager granted him an

overdraft of 85 million cedis. He said that out of the amount the Bank deducted 8 million

cedis as collateral and was put into savings account book of the

plaintiff in the bank. That according to the defendant the said sum of 8 million cedis

was deposited in his savings, which he could not cash until he

had settled his indebtedness to the Bank. The defendant again asked from the plaintiff for a further

security, which he used his farms valued then at 647 million

cedis. According to statement of the claim, while the agreement was

subsisting, one Samuel Asmah, resident in the United State

made an offer to the plaintiff to purchase the farm.

Following inquiries by Samuel Asmah the Bank officials

entered the store and the Plaintiff was alarmed and felt

threatened, which made him to make for the door instinctively but

the defendants blocked his way. According to him at that material time that the defendants

unlawfully invaded his store, he had negotiated the purchase of a

Mitsubishi Space Wagon in the sum of 70 million cedis for which

he had 65 million cedis ready but alleged that the Bank officials

took the money away. Mr Kwabia is also praying the court to claim 782 million cedis

for the lost gold dust and 844 million cedis sales to enable him to

recoup the difference between the old and current value of the

farm. In his statement of claim, Mr Amoako Brockmann said the

same day the three officials went and took the car parked in front

of his store at gunpoint plus 30 million cedis sales from the store. According to him, the Bank Manager granted him a 40 million

cedis overdraft facility and used his house as collateral. He is claiming one million cedis per day from the vehicle for

about two and half months in addition to the 30 million cedis left

in the car. Mr Kojo Annan, Counsel for the plaintiffs pleaded with the Court

presided over by Mr Justice Senyo Dzamefe, for default

judgement. The motion was dismissed and a cost of one million cedis

each awarded against the bank officials. Justice Senyo Dzamefe advised the Bank 0ficials to settle the

matter out of court.