Customer Support

JULIAN ADOMAKO GYIMAH & ANOR
V.
ZENITH BANK & ANOR

(2023) JELR 112435 (CA)

Court of Appeal 30 Mar 2023 Ghana
BriefBot icon

BriefBot Summary

Free

- The Court of Appeal set aside the trial court’s refusal to grant extension of time for appeal, holding that the lower court had improperly exercised its discretion by unduly focusing on irrelevant factors (such as the applicant’s prior ce

Case Details

Suit Number:H1/189/2022
Judges:ALEX B. POKU-ACHEAMPONG JA (PRESIDING) NOVISI ARYENE JA AFIA SERWAH ASARE-BOTWE JA
Counsel:VICTOR LASSEY FOR PLAINTIFF/APPELLANTS. RITA MARIAN ANDOH FOR DEFENDANT/RESPONDENT. HANS AWUNDEY FOR 2ND DEFENDANT/RESPONDENT.
Location:Accra

J U D G M E N T

NOVISI ARYENE JA:

By judgment delivered on 30th of July 2021, the Commercial Division of the High Court, Accra dismissed Plaintiffs’ action against defendants for the following reliefs:

  1. Declaration that defendants breached their fiduciary relations and duty towards plaintiffs
  2.  Declaration that freezing of plaintiffs’ accounts by the defendant bank without a court order was wrongful
  3. General damages for breach of fiduciary relationship
  4. General damages for wrongful freezing of accounts

Dissatisfied with the judgment, and alleging that the court proceedings of 30th July 2021 were in breach of the rules of natural justice because it was without notice to them, plaintiffs (hereinafter referred to as appellants) filed an application before the Supreme Court on 29th of October 2021, praying for an order of certiorari to quash the proceedings. On 7th of December 2021, the Supreme Court struck out the application as withdrawn. On 30th of December 2021, appellants applied to the trial c…

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.