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JOHN OFORI
V.
BANK OF GHANA & 3 ORS

(2021) JELR 108981 (CA)

Court of Appeal 25 Mar 2021 Ghana
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- This is an appeal against a ruling of the High Court regarding the revocation of a banking license. - The plaintiff is seeking various declarations and orders, including a declaration that the defendant acted unlawfully and in ultra vires

Case Details

Suit Number:H1/18/2021
Judges:MARGARET WELBOURNE JA (PRESIDING), AMMA GAISIE JA, ARYENE JA
Counsel:LILY NAA AYABA NTREH FOR PLAINTIFF/APPELLANT; SAMUEL OFORI ASAMOAH FOR DEFENDANTS/RESPONDENTS.

JUDGMENT

ARYENE, JA 

This is an appeal against the ruling of the High Court (Commercial Court Division)  delivered on 30th November 2017. The facts of this case are simple. Pursuant to the Banks  and Specialized Deposit-Taking Institutions Act of 2016, (Act 930), 1st Defendant revoked  the banking license of UT Bank of which Plaintiff is a shareholder. The Central Bank then  entered into a Purchase and Assumption Agreement with 4th Defendant by which the  latter took over all deposits and liabilities and selected assets of the UT Bank. 1st Defendant also appoint 2nd and 3rd Defendants as Receivers. 

In this judgment, Plaintiff/Appellant will be referred to as Plaintiff and the  Defendants/Respondents as Defendants.  

Aggrieved by the action of 1st Defendant, Plaintiff issued a Writ of Summons against the  Defendants seeking the following reliefs: 

1. A declaration that on a true and proper interpretation of section 123 of the Banks  and Specialized Deposit-Taking Institutions Act of 2016,…

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