Question

Koo Nimo owns a chain of businesses in Ghana, Gambia and Namibia. He started very small as a spare parts dealer in Kokompe and then later, through the help of some foreign investors, Koo Nimo was able to expand his business to cover Alcoholic and non-alcoholic beverages distribution and baby diaper distribution. Koo Nimo normally transfers money to other parts of the world to pay his suppliers. On the 21st January, 2019, Koo Nimo went Ghana Commercial Bank to make a transfer of $20,000 to pay a supplier in Cyprus. The transfer was successful and Koo Nimo became so pleased with the services rendered by Ghana Commercial Bank. The supplier in Cyprus advised Koo Nimo to open a bank account for his business with Prestige Bank in Cyprus so that whenever he is making payment, he would not have to incur much cost. He opened the account and made multiples of deposits into the account through Ghana Commercial Bank. Ghana Commercial Bank has an agent bank in Cyprus called REEP Bank which they always used for their Cyprus transaction. On 30th November 2019, Koo Nimo made a transfer of $50,000 into his account with Prestige Bank in Cyprus. Unknown to Ghana Commercial Bank and Koo Nimo, Prestige Bank had been facing some financial crisis which led to their collapse on 31st November, 2019. Koo Nimo’s $50,000 was credited to his account on 31st November, 2019, some few hours before the Central Bank of Cyprus closed down Prestige Bank. REEP Bank was aware of Prestige Bank’s financial crisis but they never informed Ghana Commercial Bank. One of Koo Nimo’s suppliers in Cyprus called him three days ago and during the chat, he made mention that Prestige Bank’s collapse was something expected in Cyprus. He recounted that REEP bank knew about the collapse so it is possible they may have told Ghana Commercial Bank about it and they turned deaf ears to that. Koo Nimo went to Ghana Commercial Bank the next day to inquire about the information given and they told him that they had no knowledge of Prestige Bank’s unfortunate situation. Koo Nimo was not convinced. He believed that Ghana Commercial Bank had breached their duty to exercise reasonable care and skill to him, their client in funds transfer. Koo Nimo needs an urgent advice to determine his next line of action to take against Ghana Commercial Bank.

Required

Advise Koo Nimo on the legal matter at stake

Answer 1

Answer:- As per given that,

KOO NIMO owns a chain of business in Ghana Commercial Bank and relied on the services of its agent bank REEP Bank to transfer the money to Cyprus, thus it is important to service expectation that his bank in Ghana facilitates the full details of the financial health and stability of its agent bank

As the bank in Ghana failed to provide the important information and continued to use the service of agent bank REEP for the money transaction, he was informed that he needed to be a customer by account opening before they could advance a loan to him. thus its seems a case of disguised service qualities and service information that caused Nimo some financial losses. The bank refused and Kwadwo became furious and threatened to close his account with the bank.

On the basis of disguising the relevant service information, Nimmo can file a lawsuit against the bank in Ghana on account of lack of customer service and non-disclosure of the important service information