Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



JOHN OFORI
V.
BANK OF GHANA & 3 ORS

(2021) JELR 108981 (CA)    
Court of Appeal  ·  H1/18/2021 ·  25 Mar 2021 ·  Ghana
CORAM
MARGARET WELBOURNE JA (PRESIDING), AMMA GAISIE JA, ARYENE JA

Ratio Decidendi

Core Terms Beta
court
plaintiff
writ
1st defendant
3rd defendants
trial court
judicial review
4th defendant
common law
conditional appearance
ultra vires
weight of evidence
assumption agreement
public body
statement of claim
trial judge
appellate court
high court judge
order of injunction
specialized deposit-taking institutions act
decision maker
learned trial judge
proper form
action of 1st defendant
banking license of ut bank
central bank
commercial court division
declaratory relief
facts of this case
following grounds of appeal
following reliefs
learned high court judge
legal representative of the bank
nana kru perkoh
plaintiff’s writ
prohibition of the use of the writ
proper interpretation of section
record of appeal
rights of the plaintiff
rules of court
ruling of the high court
said adr act
want of jurisdiction

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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