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MANSELL GHANA LIMITED v. ACCESS BANK GHANA LTD. & ANOTHER

2022

COURT OF APPEAL

GHANA

CORAM

  • ACKAH-YENSU, J.A (Presiding)
  • BARTELS-KODWO, J.A
  • KOOMSON, J.A

Areas of Law

  • Civil Procedure
  • Contract Law
  • Banking and Finance Law
  • Evidence Law
  • Constitutional Law

AI Generated Summary

This interlocutory appeal arises from a ruling of the High Court (Commercial Division) refusing to set aside proceedings brought by the Respondent against the 2nd Defendant/Appellant, a UK-resident entity, in a dispute stemming from an import finance arrangement. The Appellant argued that the Respondent failed to obtain prior leave before issuing a writ intended for service outside Ghana, failed to serve a statement of claim with the notice of writ on the Appellant, and that the High Court had no jurisdiction due to clauses selecting English law and courts. The Court of Appeal reviewed the record and found that the Respondent had obtained leave on 24 July 2017; a misdated order was a clerical registry error. Although the statement of claim was not served with the notice, both were filed and, with a defendant resident in Ghana, the non-compliance was curable under Order 81. On forum, the dispute emanated from a Deed of Charge selecting Ghanaian law and courts, and parties cannot contract to oust Ghanaian courts’ jurisdiction. The appeal was dismissed in its entirety.

JUDGMENT