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A legal battle has emerged in the Volta Region as a businessman and farmer, Ladi Kwaku Avorgah, has filed a lawsuit against Sadalco and Brothers Business Ventures, the GCB Bank Limited, Abor Branch, and its branch manager, over an outstanding GHC120,000 in unpaid lotto winnings and related claims.
The case, which is before the High Court of Justice at Denu in the Volta Region, seeks to compel the defendants to settle debts allegedly owed to the plaintiff following a September 25, 2023, lotto draw.
The plaintiff argues that he and other stakers participated in a District Weekly Lotto, selecting the winning numbers 20-19-44, and were entitled to a total payout of GHC1,731,167.
However, despite repeated demands, the 1st defendant, Sadalco and Brothers Business Ventures, has only made partial payments, leaving a significant amount unpaid.
Allegations Against the Defendants
In the statement of claim, Mr. Avorgah (Plaintiff) states that due to mounting pressure from other winners, he borrowed GHC80,000 to settle part of the winnings. In response, the 1st defendant later issued a post-dated cheque for GHC149,000, dated November 7, 2023, which was presented to the GCB Bank, Abor Branch for payment. However, the cheque was dishonored, allegedly due to insufficient funds in the 1st defendant’s account.
The plaintiff further claims that the bank misled him into paying an express processing fee of GHC150, promising that the cheque would be honored, but it was eventually returned. He also alleges that the bank manager fraudulently handed the cheque back to the 1st defendant, rather than allowing him to pursue legal action for the dishonored payment.
Legal Demands
The plaintiff is requesting that the court:
1. Compel the 1st defendant to pay the outstanding GHC120,000 in full.
2. Order the refund of GHC150 paid to the bank for express processing.
3. Recover GHC62,230 in incidental costs incurred in previous attempts to mediate the dispute, including traditional arbitration.
4. Award interest on the outstanding balance from September 2023 to the date of final payment, at the prevailing bank lending rate.
5. Grant general damages for breach of agreement and deceit, citing the emotional and financial toll on the plaintiff.
6. Impose punitive costs on the defendants for their actions.
Fraud Allegations
The plaintiff further alleges that the defendants acted fraudulently, claiming that the 1st defendant knowingly issued a cheque despite lacking sufficient funds. He also accuses the bank and its manager of colluding with the 1st defendant by failing to honor the cheque or properly handle the transaction.
Additionally, Avorgah states that he sought intervention from traditional leaders, including Awadada Torgbui Esru of Tadzewu, but the 1st defendant failed to comply with any of the resolutions reached.
Court Proceedings
The case is set to be heard at the High Court of Justice, Denu, where the plaintiff hopes to obtain a favorable ruling to recover his funds. If successful, the outcome could set a precedent for similar disputes in the region, particularly regarding financial accountability in gaming and banking transactions.
The defendants are yet to publicly respond to the lawsuit. The case has drawn attention from lotto industry stakeholders and financial institutions, as it raises concerns about payment integrity, customer trust, and the role of banks in handling disputed transactions.
Next Steps
Legal analysts believe the case will hinge on whether the court finds evidence of fraud and negligence on the part of the bank. If the plaintiff’s claims are substantiated, the ruling could result in stricter regulations for financial institutions and gaming operators in Ghana.
Until the legal case is resolved and he is cleared of allegations, he remains unqualified to serve in any high-level government advisory role. For Ghana to uphold the principles of good governance, accountability, and ethical leadership, individuals with pending financial misconduct cases must not be considered for such crucial positions.
