DANIEL OFORI v. ECOBANK GHANA LIMITED
2022
SUPREME COURT
GHANA
CORAM
- YEBOAH CJ (PRESIDING)
- DOTSE JSC
- BAFFOE-BONNIE JSC
- PWAMANG JSC
- PROF. KOTEY JSC
- OWUSU (MS.) JSC
- AMADU JSC
Areas of Law
- Civil Procedure
2022
SUPREME COURT
GHANA
CORAM
AI Generated Summary
This seven‑member Supreme Court of Ghana panel addressed Daniel Ofori’s motion to strike out the First Defendant bank’s review application arising out of long‑running litigation over CalBank shares and subsequent interest awards. After the Court had dismissed the bank’s July 2021 motion to reopen the appeal, it granted one week in October 2021 to file for review. The bank filed a motion and affidavit on October 26 but filed the mandatory statement of case the next day, prompting Ofori to move to strike the review for violating Rule 56(1) of C.I.16 and the Court’s order. Writing for the 4–3 majority, Dotse JSC condemned counsel’s tardiness but emphasized the Court’s discretion under Rule 79 to waive non‑compliance where justice demands, noting this was a one‑day delay and the motion/affidavit were timely. Invoking principles that courts decide rights rather than punish non‑fraudulent procedural mistakes and that clients should not suffer for counsel’s errors, the majority dismissed Ofori’s strike‑out application and proceeded to the merits of the bank’s review.
MAJORITY OPINION
DOTSE JSC:-
On the 29th day of November, 2022, this court by a 4-3 majority decision, Yeboah CJ, Baffoe-Bonnie and Pwamang JJSC dissenting, dismissed the objections raised by the Plaintiff against 1st Defendants review application in Suit No. J8/25/2022.
We now proceed to give reasons for the said decision.
By an order of this court, dated 6th July 2022, two pending applications listed as Civil Motion No. J7/01/2022 filed by 1st Defendants herein on 26th October 2022 and J8/25/2022 filed by Plaintiff on 12th November 2022 pending before the court were consolidated, as follows:-
Civil Motion No. J7/01/2022
“This application is by the 1st Defendant/Respondent/Respondent/Applicant, hereafter referred to as 1st Defendants, seeking a review of this court’s decision dated 13th July 2021.”
Civil Motion J8/25/2022
This Application will be referred to as “Application to strike out review motion” and was filed at the instance of Plaintiff.
FACTS GERMANE TO MOTION NO. J8/25/2022
In order to appreciate and understand the basis of the plaintiffs application to strike out the 1st Defendants application for review of this court’s decision dated, 13th July 2021, it is necessary to give a background of the facts germane to the instant application to strike out.
Under the circumstances, it is perhaps very instructive and important to set out in detail facts which would seem to be germane to motion No. J7/01/2022. That is necessary to give a sound understanding to our decision on 29th November 2022 to overrule the objection raised by the plaintiff to the filing of the review application referred to supra.
In the Ruing of 13th July 2021, this Court coram: Yeboah CJ, presiding, Dotse, Baffoe-Bonnie, Appau and Pwamang JJSC’s, by a majority of 4 -1, Dotse JSC dissenting, this court dismissed the 1st Defendants application which was headed thus:-
“Motion on Notice Invoking this Honourable Court’s Inherent Jurisdiction for an Order to re-open the Appeal filed on 7th June 2013, and for Leave to adduce New Evidence”
This was the application that was dismissed by the majority of 4-1 referred to supra and which is being sought to be reviewed by the instant application.
This application for review has been amplified by a 39 paragraphed affidavit sworn to by Awuraa Abena Asafo-Boakye, Company Secretary and Head of Legal of the 1st Defendant’s Bank.
In order to put matters and all the facts in proper perspective, we will set these out in detail as follows