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OMNIBANK GHANA LIMITED v. GABRIEL KOFI GYAN

2021

COURT OF APPEAL

GHANA

CORAM

  • A. M. DOMAKYAAREH (MRS) J. A. PRESIDING
  • A. B. POKU-ACHEAMPONG, J. A.
  • S. K. A. ASIEDU, J. A

Areas of Law

  • Civil Procedure
  • Banking and Finance Law
  • Contract Law
  • Tort Law

AI Generated Summary

In this interlocutory appeal from the Kumasi High Court, the Defendant bank challenged the refusal to join three individualstwo bank employees, Amanda Aduse Poku and Kwabena Agyemang Sarpong, and Eric Osei of Erico Trading Enterpriseto a suit brought by its client. The Plaintiff alleged he never accessed a GH2,000,000 overdraft that bank officers drew on without consent, while the bank asserted the Plaintiff accessed the facility and had a private arrangement to lend part of it to Eric Osei at a higher rate. Interpreting Order 4 rule 5, the Court of Appeal held that the proposed parties were not necessary to effectively and completely resolve the controversy, that the Plaintiff had no cause of action against them, and that the Defendants remedy lay in third-party procedure. The court also struck out the omnibus ground of ruling against the weight of affidavit evidence as incompetent in an interlocutory appeal with no evidence, and dismissed the appeal, with Domakyaareh JA and Asiedu JA concurring.

JUDGMENT