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

(2021) JELR 109038 (SC)    
Supreme Court  ·  J5/33/2021 ·  26 May 2021 ·  Ghana
CORAM
DOTSE JSC (PRESIDING), PWAMANG JSC, DORDZIE (MRS.) JSC, PROF. MENSA BONSU (MRS.) JSC, KULENDI JSC
Core Terms Beta
interested party
high court
2nd defendant
akwasi amoako
mortgage deed
order of certiorari
statement of claim
supervisory jurisdiction of this court
support of the application
supreme court rules
death of the donor
interested parties
judgment of the high court
judicial sale of the properties
judicial sale of the property
kwasi boampong company limited
legal mortgage documents
said facilities
said sum
use of my property
3rd defendant
abuse of power
affidavit of the applicants
beneficiary of the estate of the late kwasi boampong
case law
contents of the power of attorney
copy of the power of attorney
correct statement of the law
decision of the court of appeal
directors of the first defendant company
ex parte ampomah
ex parte diawuo bediako
facility mr. kwasi boampong
human rights
interested party bank
interested party’s affidavit
property plot n0
statement of case
subject matter of judicial sale
supervisory jurisdiction of the court
supreme court rules c

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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