GH - DANIEL OFORI v. ECOBANK GHANA LIMITED & ANORS

YEBOAH CJ:-

Before us, my Lords, is an application for review of our decision in this case dated 13th July, 2021. The review application was filed by the Defendant/Applicant/Respondent, to be referred to as “the Defendant” pursuant to time extended by the Court. Upon service on the Plaintiff/Respondent/Applicant, to be referred to as “the Plaintiff” he filed an affidavit in opposition. When the review application was listed for hearing, the Plaintiff raised an objection to the inclusion of our respected sister, Torkornoo JSC, as a member of the panel to hear the application, on the grounds that she dealt with an aspect of the case when she was a High Court Judge. The objection could not be summarily resolved and an order was made for the Plaintiff to file a formal application in that regard. The application was filed on 7th February 2022, setting out the grounds for the objection, key among which is that;

“The constitutional hierarchy of courts in Ghana, as elsewhere, does not allow a judge who sat as a judge of first instance in a case where she adjudicated on certain facts, to adjudicate again on the same set of facts when later sitting as a judge in a court higher in the hierarchy. Her ladyship Justice Gertrude Torkornoo, while a High Court Judge, sat on a case: Databank Brokerage Limited Vs. 1.Danotel Limited 2. Mr. Daniel Ofori, Suit No. BFS/411/11 and made a determination of some of the issues which would be coming up for consideration in the current review application.”

The pending review application stemmed from High Court Suit No. BFS; 545/08 in respect of company shares that the Plaintiff sold to one William Oppong-Bio through the Defendant herein. A dispute arose concerning the transaction hence the suit, which was finally decided by the Supreme Court on 25th July, 2018 in favour of the Plaintiff. In the review application, the Defendant is praying us to reopen the case and receive evidence alleging the Plaintiff did not disclose certain facts to the Supreme Court when the appeal came on for hearing. Databank Brokerage Ltd acted as the brokers of the Plaintiff in the shares transaction and they also had some differences with the Plaintiff that arose out of the transaction leading to the Suit No. BFS/411/11 that was heard and determined by our sister.

The Defendant upon service of this application seeking to disqualify Torkornoo, JSC, filed an affidavit in opposition asserting that the cases are different and no prejudice could arise.

The se

YEBOAH CJ:-

The Defendant upon service of this application seeking to disqualify Torkornoo, JSC, filed an affidavit in opposition asserting that the cases are different and no prejudice could arise.

The se

DANIEL OFORI v. ECOBANK GHANA LIMITED & ANORS

Areas of Law

RULING