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DR. PAPA KWESI NDUOM & 2 ORS.
V.
BANK OF GHANA & 2 ORS.

(2023) JELR 111222 (SC)

Supreme Court 19 Jul 2023 Ghana
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- This case involves an appeal from the High Court's refusal to strike out an originating motion seeking redress under article 33 of the Constitution. - The motion sought remedies against the 1st respondent in connection with the revocation

Case Details

Suit Number:J4/07/2023
Judges:Pwamang JSC Owusu (Ms.) JSC Amadu JSC Ackah-Yensu (Ms.) JSC Koomson JSC
Counsel:DR. JUSTICE SREM-SAI ESQ. FOR THE APPLICANTS/RESPONDENTS/ APPELLANTS WITH ALHASSAN G. ABDUL AZIZ ESQ. AND RACHAEL DINSEY ESQ. FRANK DAVIES ESQ. FOR THE 1ST RESPONDENT/APPELLANT/RESPONDENT WITH PATRICK ENIN ESQ. AKAWARI-LINURU ATENDEM (SENIOR STATE ATTORNEY) FOR THE 2ND RESPONDENT. PHILIP ADDISON ESQ. FOR THE 3RD RESPONDENT.
Location:Accra

JUDGEMENT

PWAMANG JSC:-

My Lords, this appeal arises from a refusal by the High Court, Human Rights Division, Accra to strike out an originating motion that sought to invoke the jurisdiction of the High Court under article 33 of the Constitution, 1992. The objection to the Court’s jurisdiction was based on the argument that the motion sought remedies against the 1st respondent/appellant/respondent (1st respondent) in connection with the revocation of the licence of the 3rd respondent pursuant to the Banking and Specialised Deposit-Taking Institutions Act, 2016 (Act 930), which Act has provided for arbitration as the means by which any person aggrieved by the revocation of a licence may seek redress. The High Court held that the provision for redress through arbitration has not foreclosed remedy by invocation of article 33 of the Constitution but the Court of Appeal came to the conclusion that it does. Therefore, the issue for our decision in this appeal is whether arbitration as directe…

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