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SAMUEL GYAMFI AND OTHERS
V.
BANK OF GHANA AND ANOTHER

(2017) JELR 69736 (HC)

High Court 18 Oct 2017 Ghana
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- The case involves an application by the 1st Defendant (Bank of Ghana) to strike out a suit against them on the grounds that the statement of claim discloses no reasonable cause of action. The application is based on Order 11 rule 18 (1) (

Case Details

Suit Number:SUIT NO. OCC 113/2014
Judges:DR. RICHMOND OSEI-HWERE HIGH COURT JUDGE
Counsel:SAMUEL CUDJOE FOR THE 1ST DEFENDANT/APPLICANT,STEPHEN ALEWABA FOR THE PLAINTIFF/RESPONDENT

RULING

OSEI-HWERE, J.

Before me is an application for an order of the court to strike out the suit against the 1st Defendant/Applicant on the ground that the statement of claim discloses no reasonable cause of action against the 1st Defendant. The application is premised on Order 11 rule 18 (1) (a) and (b) of the High Court Civil Procedure Rules, 2004 (CI 47).

The background to the application

On 29th day of June, 2012, the Plaintiffs/Respondents herein filed a writ of summons against the 1st Defendant/Applicant and three others for the following reliefs:

“(a) A declaration that the deliberate and intentional acts of the 1st defendant, 2nd defendant and 3rd defendant permitting and indulging the 4th defendant to operate commercially as a bank concern in the Greater Accra region, Ashanti region and the Brong-Ahafo region respectively for over 2 years without the requisite Bank of Ghana banking license was not only negligent and unconscionable but unconstitutional, fraudulent and legally im…

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