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DIGITRONIX SYSTEMS LIMITED VS JISLAH FINANCIAL SERVICES & ORS

July 25, 2024

COURT OF APPEAL

GHANA

CORAM

  • JENNIFER DODOO JA (PRESIDING)
  • GIFTY AGYEI ADDO JA
  • PROFESSOR OLIVIA ANKU TSEDE JA

Areas of Law

  • Civil Procedure
  • Banking and Finance Law

AI Generated Summary

On 21 November 2022, four financial institutions in receivership—CDH Savings and Loans Limited, First Trust Savings and Loans Limited, Global Access Savings and Loans, and Ideal Financial Limited—filed a purported appeal to the Ghana Court of Appeal challenging a High Court judgment dated 17 November 2022 by Justice Constant Kweku Hometowu that dismissed interpleader claims and made garnishee directions concerning funds held by Consolidated Bank Ghana Limited for Jislah Financial Services Limited. The Court of Appeal, in an opinion by Gifty Agyei Addo JA, examined the record and discovered that the appealed judgment arose from Suit No. CM/RPC/0875/2020 between Digitronix Systems Limited and Jislah Financial Services Limited, whereas the Appellants’ own notice of claim was filed in Suit No. CM/INTD/0265/2022. Concluding that parties who were not part of the lower-court suit lacked standing to appeal that judgment and emphasizing jurisdictional primacy under Supreme Court precedent, the Court struck out the Notice of Appeal as incompetent and declined to address merits or award costs.

JUDGMENT