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DR. KWABENA DUFFOUR AND ANOTHER
V.
BANK OF GHANA

(2018) JELR 64574 (HC)

High Court 21 Dec 2018 Ghana
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- The High Court held that claims based on alleged constitutional and human rights violations (Articles 18, 20, 23, 296 of the 1992 Constitution) are not arbitrable and must be initiated by originating motion supported by affidavit under Ar

Case Details

Suit Number:SUIT NO.: CMffBDC/0003/19
Judges:ANGELINA MENSAH-HOMIAH J (MRS.) JUSTICE OF THE HIGH COURT
Counsel:HAROLD ATUGUBA HOLDING BRIEF FOR RAYMOND ATUGUBA FOR THE PLAINTIFF RESPONDENT - PRESENT, EMMANUEL DARKWA WITH PATRICK JUSTICE ANNIN AND NELL Y WALLACE , HOLDING BRIEF FOR FRANK DAVIES FOR THE DEFENDANT - PRESENT

MENSAH-HOMIAH J

On 6th September 2018, Counsel for the Defendant Applicant (Defendant) filed a Motion on Notice to set aside the Plaintiffs'/Respondents' Writ of Summons and Statement of Claim. Per the endorsement on the Plaintiffs' Writ of Summons filed on 20th August, 2018 and the Amended Statement of Claim filed on 27th August 2018, these are the reliefs sought:

i. An Order of injunction restraining the Defendant from expropriating UniBank by its purported vesting of "good assets and liabilities" of UniBank in Consolidated Bank Ghana Limited and the revocation of the license of UniBank;

ii. A declaration that the license purportedly granted to the Consolidated Bank Ghana Limited was not granted in accordance with Act 930 and is null and void;

iii. A declaration, consequent to (ii) above, that the "good assets and liabilities" of UniBank, including deposits of depositors, cannot be lawfully vested in Consolidated Bank Ghana Limited;

iv. An order of injunction restraining the Defendant fr…

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