2024
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Court of Appeal determined that the Bank of Ghana is not a necessary party in a suit filed by Digicut Production & Advertising Plc regarding funds allegedly withheld by the Receiver of GN Savings & Loans Limited. The Bank of Ghana's appeal was allowed, striking it from the suit, with the court finding that the Receiver alone has the capacity to manage the defunct financial institution's affairs and respond to legal actions.
BRIGHT MENSAH JA:
My Lords, this instant appeal is in a small compass.
The crucial question that the appeal raises for our consideration and determination is whether the Bank of Ghana is a necessary party in this case.
On record, the applicant Digicut Production & Advertising Plc did on 03/03/2020, file in the registry of the High Court, Accra (General Jurisdiction Division), an originating motion on notice for judicial review in the nature of Mandamus, directed at the GN Savings & Loans Limited (In Receivership), the 1st respondent herein and the Bank of Ghana, the 2nd respondent, as the case may be.
On the motion paper, the applicant claims that it is the owner of One Million, Four Hundred and Twenty-One Thousand, Nine Hundred and Thirteen Ghana Cedis and Twenty-One Pesewas (Ghc1, 421, 913. 21) but that the said sum of money was being unlawfully withheld by the Receiver of the GN SAVINGS & LOANS LIMITED.
It was upon that basis that the applicant filed the application for mandamus at the court below for: a. A declaration that the continuing indefinite lien placed by the receiver on the funds standing to the credit of the applicant in the accounts of the 1st respondent is capricious, arbitrary, un-reasonable, borne out of malice and contrary to the Receiver’s legal duty to treat creditors who are similarly situated in the same manner.
b. An order of mandamus directed at the respondents to release the sum of Ghc1, 421, 913. 21 unlawfully withheld to the applicant.
c. Interest thereon until full and final payment at the prevailing Bank of Ghana interest rate.
d. Costs, including legal fees.
e. Any further or other order(s) as this honourable court may deem just. See: pp 1 – 38 of the record of appeal [roa]. As required by rules of the court, the applicant filed in support of the application, a statement of case that canvasses his arguments and the grounds for which the order for mandamus is sought and ought to be granted by the High Court.
The statement of case appears on pp 39-57 [roa]. However, upon being served with the process, the 2nd respondent (Bank of Ghana) filed with the court below, a motion on notice premised on Order 4 r 5(2) of the High Court (Civil Procedure) Rules, 2004 [CI 47] for an order striking out its name from the suit for mis-joinder.
The thrust of the application, as catalogued in the 2nd respondent’s supporting affidavit, is principally that by operation of law as stipulated in the Banks and Specialized Deposit-Taki