OSEI YAW ANNING v. STANBIC BANK GHANA LTD
January 30, 2019
SUPREME COURT
GHANA
CORAM
- DOTSE, JSC (PRESIDING)
- BAFFOE-BONNIE, JSC
- BENIN, JSC
- DORDZIE (MRS), JSC
- AMEGATCHER, JSC
Areas of Law
- Civil Procedure
- Banking and Finance Law
- Evidence Law
January 30, 2019
SUPREME COURT
GHANA
CORAM
AI Generated Summary
This Supreme Court decision arises from a banking dispute between Stanbic Bank Ghana Limited and Osei Yaw Anning, trading as The New Champion Enterprise. After enjoying loan and overdraft facilities since 2006, Anning defaulted, prompting Stanbic to sue in the Commercial Division of the High Court, Kumasi, for recovery of outstanding balances on both a term loan and an overdraft. Mensa‑Homiah J entered judgment for the bank on 20 June 2012. Rather than appeal, Anning later filed a fresh suit before Ankamah J alleging the earlier judgment had been procured by fraud. The Court of Appeal reversed Ankamah J and affirmed the original High Court judgment. On further appeal, the Supreme Court addressed whether the fresh writ was competent and whether fraud had been properly pleaded and strictly proved. Finding that the matter was res judicata, that fraud had not been particularized per C.I. 47, and that the fresh suit was an abuse of process, the Court affirmed the Court of Appeal and dismissed the appeal.
DORDZIE (MRS), JSC:-
FACTS:
The Appellant herein had been the customer of the respondent bank for a number of years and had been a beneficiary of loan and overdraft facilities from the respondent bank since 2006. The appellant at a point in time defaulted in the repayment of the loan facilities. On 4/11/2011 the respondent commenced an action against him for the recovery of:
(a) The sum of Gh¢ 336,186.55 being the outstanding balance as at 30/9/11 on a term loan the appellant obtained from the bank.
(b) The sum of GHc 316,325.65 being the outstanding balance as at 30/9/11 on an overdraft facility granted the appellant by the respondent. The respondent further prayed for interest on the sums claimed at the prevailing bank rate from 30/9/11 till date of judgment. This suit was commenced at the Commercial Division of the High Court, Kumasi and it is numbered BFS 29/2012.
The High Court presided over by Mensa-Homiah J, gave judgment in favour of the respondent for the recovery of the sums claimed. The said judgment is dated 20th June 2012. The appellant did not appeal against this judgment but instituted a fresh action in the Commercial Division of the High Court, Kumasi, this time presided over by Emmanuel Ankamah J. The said suit is numbered RPC 84/2014.
The appellant prayed for the following reliefs in suit N0 RPC 84/2014:
a) A Declaration that the judgment obtained by the defendant in suit No.BFS 29/2012 dated the 20th day of June, 2012 titled: STANBIC BANK GHANA LIMTED v OSEI YAW ANNING Trading under the name and style THE NEW CHAMPOIN ENTERPRISE was fraudulently and maliciously procured particularly as the plaintiff herein never obtained any overdraft facility of GHc 250,000.00 on 21st August, 2009 and a loan of 150,000.00 on the same 21st August, 2009 as was contended by the defendant during the trial in suit No. BFS 29/2012.
b) An order setting aside the said judgment obtained by the defendant and ALL consequential and incidental orders made thereon by the trial High Court judge in suit N0.BFS 29/2012.
c) An interim order restraining the defendant from in anyway whatsoever enforcing and or purporting to execute the final judgment delivered in suit No. BFS 29/2012 until the final determination of this suit and or otherwise expressly ordered by this court.
d) A declaration that any document executed by the parties herein to the effect that in August 2009 GH¢250,000.00 overdraft facility and GH¢150,000.00 loan facility totaling GH¢400,000.00 att