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.
