The General Jurisdiction of the Accra High Court has dismissed a suit filed by ECOBANK Ghana Limited seeking to set aside a judgement of the Supreme Court.
The High Court, presided over by Her Ladyship Abena Amponsah Buans, dismissed the application on the grounds that the application was an abuse of the court’s process.
Justice Buans held in her ruling on September 2, 2023, that the pleadings being sought by Ecobank (plaintiff/respondent) against the defendant/application, Daniel Ofori, had expressly been dealt with by the apex court.
Meanwhile, the plaintiff/respondent in its amended writ of summons filed on June 13, 2023, was seeking a declaration that the judgment of the Supreme Court obtained by the defendant was void, having been obtained by fraud and acts of false pretences.
Ecobank was also seeking a declaration that at all material times the suit was pending before the Superior Courts, the defendant herein was the owner of shares, which were in contention, as he had exercised ownership over the said shares till date.
Furthermore, the plaintiff/respondent was seeking an order setting aside the said impugned judgment of the Supreme Court as same was procured by fraud.
However, the judge stated: “I find that the claim before this Court as an abuse of the Court’s process. I, therefore, grant the application. I, hereby, strike out paragraphs 1 to 32 of the Plaintiff’s pleadings in the amended Statement of Claim filed on 13 June 2023, and further dismiss the suit.”
Accordingly, the court awarded cost of GH¢40,000.00 against the Ecobank in favour of Mr. Ofori.
Contention
The court held that a summary of the plaintiff’s case as stated in its amended statement of claim was that the Defendant herein instituted an action in the High Court titled “DANIEL OFORI VS. ECOBANK & 2 ORS” for the enforcement of shares sale between him and one Oppong-Bio.
It was stated that this transaction had the shares duly transferred into Oppong-Bio’s name, and was evident in the Register of Members of the Company.
Mr. Ofori also maintained that he had duly transferred his interest in the shares to Oppong-Bio, and was therefore, entitled to the funds that Ecobank had withheld.
The trial High Court entered judgment in favour of the defendants and dismissed the suit, having found that the transaction was not consummated and that the shares belonged to the defendant.
Mr. Ofori appealed the decision, maintaining that the shares transaction had not failed, but the appeal was not successful.
The Defendant proceeded to the Supreme Court, where his appeal was allowed, and the judgments of the High Court and Court of Appeal were set aside.
The Supreme Court agreed with the Defendant that at all material times, the Defendant had divested himself of the ownership of the shares and the trade was consummated and settled before the suspension.
Hitherto, Plaintiff also contended that inquiries on the status of the shares, from the Cal Bank on December 16, 2020, and January 13, 2021, revealed that the shares had always remained in the name of Mr. Ofori.
Ecobank further argued that Mr. Ofori had claimed and issued dividend warrants covering the period 2008 to 2020, and had further accepted bonus shares issued by Cal Bank in his name.
The bank, therefore, deemed the conduct of the defendant to amount to fraud, as he had pleaded in his amended writ of summons and statement of claim filed on May 7, 2009, that he had completely divested himself of the shares and yet claimed, accepted and received dividends and bonus shares in his name, in his capacity as owner of the shares.
The Defendant entered appearance and filed an application for an order striking out paragraphs 1 to 32 of the Plaintiff’s pleadings in the amended statement of claim and for a further order dismissing the suit under order 11 rule 18(1)(a) (b) and (d) of C.I. 47.
Mr. Ofori contended that the suit before the court does not disclose any reasonable cause of action against him, it is an abuse of court process, and frivolous and vexatious.
He added that the high court jurisdiction has been improperly invoked to question and declares the judgement of the superior court void.
Mr. Ofori said Ecobank’s plea of fraud and false pretences against had been dealt with by the Supreme Court.
Ecobank denied that the issue of fraud and defrauding by false pretences had been effectively considered by the Supreme Court. After analysing the arguments, the judge held plea of the defendant.
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