The Volta Region of Ghana is currently the stage for a complex legal battle involving a businessman and farmer, Ladi Kwaku Avorgah, who has initiated legal proceedings against Sadalco and Brothers Business Ventures (the 1st defendant), GCB Bank Limited, Abor Branch (the 2nd defendant), and its branch manager (the 3rd defendant). At the heart of this dispute lies an unpaid lotto winning amounting to GHC120,000, along with associated claims stemming from a September 25, 2023, lotto draw. Mr. Avorgah, acting as the plaintiff, contends that he and fellow stakers accurately predicted the winning numbers 20-19-44 in the District Weekly Lotto, entitling them to a substantial payout of GHC1,731,167. However, despite repeated requests for the full settlement, the 1st defendant has only remitted partial payments, leaving a considerable portion of the winnings outstanding.
The plaintiff’s statement of claim details the financial strain he experienced due to the delayed payment. Facing mounting pressure from other winners expecting their share of the prize money, Mr. Avorgah resorted to borrowing GHC80,000 to partially satisfy their claims. In an apparent attempt to rectify the situation, the 1st defendant issued a post-dated cheque for GHC149,000, dated November 7, 2023, which was subsequently presented to the GCB Bank, Abor Branch. However, this cheque was dishonored due to insufficient funds in the 1st defendant’s account. The plaintiff alleges that the bank, despite charging him an express processing fee of GHC150 with the assurance of the cheque being honored, ultimately returned the cheque unpaid. Furthermore, he accuses the branch manager of colluding with the 1st defendant by returning the dishonored cheque directly to them, thereby obstructing his legal recourse.
The legal demands put forth by Mr. Avorgah are multifaceted. He seeks a court order compelling the 1st defendant to pay the outstanding GHC120,000. He also demands a refund of the GHC150 express processing fee paid to the bank. Additionally, he claims GHC62,230 as reimbursement for incidental costs incurred during previous mediation attempts, including traditional arbitration involving local leaders. The plaintiff further requests interest on the outstanding balance, calculated from September 2023 to the date of final payment, at the prevailing bank lending rate. He is also seeking general damages for breach of agreement and deceit, citing the emotional and financial toll of the protracted dispute. Finally, he requests punitive costs be imposed on the defendants for their alleged misconduct.
Central to the plaintiff’s argument are allegations of fraudulent conduct. He asserts that the 1st defendant knowingly issued a cheque despite lacking the necessary funds, constituting a deliberate act of deception. He further accuses the bank and its branch manager of complicity, alleging they colluded with the 1st defendant by failing to honor the cheque and mishandling the transaction. The plaintiff highlights his efforts to resolve the matter amicably through traditional channels, including seeking the intervention of Awadada Torgbui Esru of Tadzewu, a local traditional leader. However, the 1st defendant allegedly disregarded the resolutions reached during these mediations, further escalating the dispute.
The case, now before the High Court of Justice in Denu, Volta Region, has garnered significant attention from stakeholders in the lotto industry and financial institutions. The outcome of this legal battle could set a precedent for similar disputes, impacting financial accountability standards in both the gaming and banking sectors. The core issue lies in the alleged fraudulent actions of the defendants, with the plaintiff seeking to establish their culpability in the delayed and ultimately unpaid winnings.
The court’s decision will hinge on the evidence presented regarding the alleged fraud and negligence on the part of the bank. If Mr. Avorgah’s claims are substantiated, the ruling could have far-reaching implications for financial institutions and gaming operators in Ghana. It could potentially lead to stricter regulations aimed at protecting consumers and enhancing transparency in financial transactions. The case underscores the importance of upholding trust and integrity in financial dealings and the potential consequences when these principles are compromised. The defendants have not yet publicly responded to the allegations. The legal proceedings continue, with the plaintiff hopeful for a favorable judgment that will not only recover his funds but also potentially contribute to strengthening regulatory frameworks within the financial and gaming industries. A separate report mentions this case could impact the plaintiff’s eligibility for a high-level government advisory role due to the ongoing allegations of financial misconduct, emphasizing the importance of resolving the matter swiftly and transparently.
