R U L I N G
On 10/10/2019, Expressway Microfinance, the Applicant herein, commenced this action by filing an originating motion/application for Judicial Review. The process was amended on 5/12/19 making Bank of Ghana the only Respondent.
The reliefs indorsed are:
1. Certiorari directed to the Respondent to move into this Honorable Court for quashing the purported decision of the Respondent to revoke the license of applicant.
2. An order of Interlocutory Injunction retraining the Respondent, their agents, assigns privies etc from interfering with the operations of Expressway Microfinance Limited.
3. Damages
This ruling is about a preliminary legal objection raised about the capacity of the applicant to commence this action. Therefore, this court has to determine whether or not, applicant (Expressway Microfinance) is a legal person with full capacity and authority to institute this action.
It is common knowledge that, capacity is a fundamental legal principle in commencement …