THE REPUBLIC
V.
THE HIGH COURT EX PARTE: NANA OWUSU AFRIYIE & DR. KWAME ADDO KUFUOR

(2021) JELR 109038 (SC)

Supreme Court 26 May 2021 Ghana
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- The case involves an application to quash a judgment of the High Court in Ghana regarding the judicial sale of a property belonging to the late Kwasi Boampong. - The applicants, who are the executors of the late Kwasi Boampong's will, arg

Case Details

Suit Number:J5/33/2021
Judges:DOTSE JSC (PRESIDING), PWAMANG JSC, DORDZIE (MRS.) JSC, PROF. MENSA BONSU (MRS.) JSC, KULENDI JSC
Counsel:CLAUDE OPPON FOR THE INTERESTED PARTY. KWAKU OSEI ASARE FOR THE APPLICANTS

RULING

DORDZIE (MRS) JSC

This is an application invoking the supervisory jurisdiction of this court under article 132 of  the 1992 Constitution of Ghana and Rule 61 of the Supreme Court Rules 1996 C.I 16. The  applicants are praying this court for an order of certiorari to quash the judgment of the High  Court, Accra, dated 28th of March 2019, delivered in suit N0. CM/BFS/0638/2017 titled First  Atlantic Bank Limited v. Kwasi Boampong Company Limited, Akwasi Amoako and Victoria  Boampong. Akwasi Amoako (2nd defendant and Victoria Boampong 3rd defendant) are  directors of the first defendant company. 

The background of the above named suit is that the first defendant company on 20th of May  2016 applied to the interested Party, First Atlantic Bank Limited (the bank) for a facility. The  purpose of the facility was for the bank to provide bank guarantee to Guinness Ghana  Breweries Limited for payment in respect of stock supplied to the first defendant company.  To secure the facility Mr. …

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