Question

a. Alhaji Amin draws an open cheque on Agric Bank Ltd payable to Bakari for Ghc2,000...

a. Alhaji Amin draws an open cheque on Agric Bank Ltd payable to Bakari for Ghc2,000 on Bakari’s safe return from the Hajj. Bakari endorses the cheque to his friend Gariba to assist him in his garment business. Gariba endorses the cheque to Damali in payment for some agbada outfits he purchased from him. When Damali presented the cheque at Agric Bank Ltd, it was returned to him unpaid with the “payment Countermanded”. What remedies, if any, are available to Bakari, Gariba and Damali?

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Solution

Bakari does not have any options left since the cheque was given to him for the safe return from Hajj. This transaction is not considered a business transaction but a kind consideration. So, anything that is not having business consideration can not be taken for legal jurisdiction. Bakri again endorses the cheque to his friend for helping Gariba in business. That is a business transaction so, Gariba can sue Bakari for revocation of the cheque. Also, Damalii can sue Gariba as the cheque was given to him for business purposes. So, Damali can sue Gariba for not honoring the cheque.

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