Customer Support

AFARE APEADU DONKOR
V.
ECOBANK GHANA LIMITED & ANOR

(2024) JELR 111545 (SC)

Supreme Court 13 Mar 2024 Ghana
BriefBot icon

BriefBot Summary

Free

- This case involves an appeal against a judgment of the Court of Appeal that overturned a judgment of the High Court. - The plaintiff had deposited his shares as collateral for a loan facility granted to another party. - The share sale tra

Case Details

Suit Number:CIVIL APPEAL NO. J4/20/2022
Judges:OWUSU (MS.) JSC (PRESIDING) LOVELACE-JOHNSON (MS.) JSC PROF. MENSA-BONSU (MRS.) JSC ASIEDU JSC KOOMSON JSC
Counsel:NANA AGYEI BAFFOUR AWUAH ESQ. FOR THE PLAINTIFF/RESPONDENT/APPELLANT WITH HIM, PAPA KOJO PINTO GYEBI. ISAAC OFOSU-BOATENG ESQ. FOR THE DEFENDANTS/APPELLANTS/RESPONDENTS WITH HIM, DARKOA AKROFI-AMANOR & NANA AKOSUA KURANCHIE-ANKRAH.

JUDGMENT

KOOMSON JSC:

This is an appeal against the judgment of the Court of Appeal dated 22nd December, 2020 allowing the appeal against the judgment of the High Court which held that the Plaintiff/Respondent/Appellant (hereinafter referred to as Plaintiff) was entitled to an amount of Six Million Seven Hundred and Seventy Thousand Four Hundred and Forty Ghana Cedis (GH¢6,770,440.00) as special damages for unlawful retention of the Appellant’s shares by the Defendants/Appellants/Respondents (hereinafter referred to as Defendants).

FACTS

On 27th May 2008, Mr. William Oppong Bio sought to buy the listed shares of Mr. Daniel Ofori in Cal Bank Ghana Ltd. Funding for the acquisition by Mr. Oppong was through a loan facility from the 1st Defendant. The Plaintiff had agreed to use his shares also in Cal Bank as collateral to secure the repayment of the loan facility granted to Mr. Oppong Bio. Thus, the Plaintiff deposited the share certificate in respect of his 18,120,000 shares with the 1st 

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.