NII AMANOR DODOO AND THE BEIGE BANK
V.
MICHAEL NYINAKU & 12 ORS

(2019) JELR 67887 (HC)

High Court 30 Jul 2019 Ghana
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- The 2nd to 6th and 9th Defendants applied to strike out a suit initiated by the 1st Plaintiff/Respondent, arguing that the suit was commenced by a person without the requisite capacity. - The 1st Plaintiff/Respondent, as Receiver of The B

Case Details

Suit Number:SUIT NO.CM/RPC/0962/2019
Judges:HER LADYSHIP JUSTICE JENNIFER ABENA DADZIE
Counsel:ACE ANAN ANKOMAH ESQ. OF BENTSI-ENCHILL LETSA AND ANKOMA,NO. 4 MOMOTSE AVENUE ADABRAKA ACCRA COUNSEL FOR PLAINTIFFS,YAW D. OPPONG ESQ. OF OPPONG & ASSOCIATES 145 OTSOKRIKRI ST. ADJACENT ,GHANA REVENUE AUTHORITY ADABRAKA ACCRA COUNSEL FOR 2ND 3RD 4TH 5TH 6TH AND 9TH DEFENDANTS; THADDEUS SORY ESQ. OF SORY @ LAW NO. 4 2ND CLOSE BOUNDARY ROAD ,EXTENSION NEAR UBA EAST LEGON ACCRA FOR 1ST 7TH 8TH 10TH 11TH 12TH AND 13TH DEFENDANTS

JUDGMENT

DADZIE J.

This is an application by the 2nd to 6th and 9th Defendants/Applicants herein, hereafter referred to as "Applicants", invoking the original jurisdiction of this court for an order to strike out the instant suit on the basis that it was commenced by a person that is the 1st Plaintiff/Respondent, without the requisite capacity.

The facts of the case as can be gleaned from the records reveal that the 1st Plaintiff/Respondent, as Receiver of The Beige Bank, (hereinafter referred to as "the Bank/2nd Plaintiff/Respondent") identified a number of transactions executed by the Defendants to the suit that he alleges are unlawful. These include loans, advances and the acquisition of assets using the funds of the Bank made by the 1st Defendant for his and the benefit of the other Defendants. In this light, on June 14, 2019, the 1st Plaintiff/Respondent caused a Writ of Summons and a Statement of Claim to be issued against the Defendants. On June 20, 2019 upon application by the Ba…

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