Customer Support

THE REPUBLIC
V.
HIGH COURT (COMMERCIAL DIVISION) SUNYANI EX-PARTE: ALFREDINA OFORI AND NIKABS GBANDE JEMIMA OWARE (MRS) THE OFFICIAL LIQUIDATOR

(2016) JELR 66019 (SC)

Supreme Court 3 Jul 2016 Ghana
BriefBot icon

BriefBot Summary

Free

- The Supreme Court held that the Bank of Ghana acted lawfully under s.68(1) of the Banking Act, 2004 (Act 673), in appointing the Registrar of Companies as liquidator for DKM Diamond Micro Finance Ltd, a deposit-taking microfinance company

Case Details

Suit Number:CIVIL MOTION NO: J5/36/2016
Judges:DOTSE JSC.[PRESIDING], ANIN YEBOAH JSC., BAFFOE-BONNIE JSC., PWAMANG JSC.,BENIN JSC.
Counsel:BAARIMA AGYEKUM HENNEH FOR THE APPLICANTS,GEORGE BEKAI FOR THE INTERESTED PARTY

RULING

PWAMANG, JSC.

The facts giving rise to this application are as follows; DKM Diamond Micro Finance Ltd, hereafter referred to as “the Company”, was incorporated under the Companies Act, 1963 (Act 179) as a private Limited Liability Company on 1st August, 2013. It had its registered office at Sunyani in the Brong Ahafo Region and operated mainly in that Region and the three regions of Northern Ghana. It was licensed by the Bank of Ghana on 25th October, 2013 to operate as a Micro Finance Company. As part of its activities it took deposits from the general public and in turn contracted to pay rather astronomical monthly rates of interests to the depositors. By May of 2015 the Company ran into difficulties as it started defaulting in the timely payment of the extra ordinary monthly rates of interest it had promised its numerous customers.

Initially the Bank of Ghana intervened to ensure that the Company paid its depositors but that did not yield the needed results. Consequently some o…

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.