Ratio DecidendiRatio Decidendi



SAMUEL GYAMFI AND OTHERS
V.
BANK OF GHANA AND ANOTHER

(2017) JELR 69736 (HC)    
High Court  ·  SUIT NO. OCC 113/2014 ·  18 Oct 2017 ·  Ghana
CORAM
DR. RICHMOND OSEI-HWERE HIGH COURT JUDGE

Ratio Decidendi

Core Terms Beta
application
applicant
plaintiffs
reasonable cause of action
4th defendant
3rd defendants
bank of ghana
cause of action
statement of claim
1st defendant
financial institution
bank concern
close of pleadings
general public
st defendant
supreme court
exceptional circumstances
others
securities industry act
2nd defendant
3rd defendant permitting
civil suit no. rpc
court of appeal decision
favor of plaintiff
financial institutions
following activities
following reliefs
fraudulent activities of banks
general practice
greater accra region
high court
high court civil procedure rules
honorable court
important issue
intentional acts of the 1st defendant
legal principles
loans company
main issue
merits of the case
non-financial institutions
order of the court
peculiar circumstances of this case
pleadings of plaintiffs
requisite bank of ghana banking license
serious breach of duty
statutory body
such pleading
tucker vrs collinson

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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