Eskwai logo
Verify now as a student, judge or newly called lawyer for access to discounted plans.

STANDARD BANK OFFSHORE TRUST COMPANY LIMITED & ORS v. NATIONAL INVESTMENT BANK LIMITED & ORS

2018

SUPREME COURT

CORAM

  • AKUFFO (MS), CJ (PRESIDING)
  • ATUGUBA, JSC
  • ANSAH, JSC
  • ADINYIRA (MRS), JSC
  • DOTSE, JSC
  • YEBOAH, JSC
  • BENIN, JSC

Areas of Law

  • Civil Procedure
  • Banking and Finance Law
  • Commercial Law

AI Generated Summary

In this Ghana Supreme Court review ruling authored by Dotse, JSC, the Applicants sought to overturn a unanimous ordinary bench judgment of 21 June 2017 that had allowed the Respondent Bank’s appeal. The Applicants argued three grounds: that the prior decision was per incuriam of relevant case law and statutes; that the ordinary bench misapplied Naos Holdings v Ghana Commercial Bank and wrongly refused amendment under Order 81; and that a review was necessary to avert irremediable harm, given the magnitude of their claims arising from promissory notes linked to Sphynx Capital Market PCC, Tricon Trade Management Limited, and Eland International Ghana Limited. Applying the review “road map” from Arthur (No.2), the Court held that no exceptional circumstances or fundamental error were shown. Reaffirming NAOS, the Court concluded failure to comply with Order 2 r.4(2) renders a writ void, not curable by amendment, and that Order 4 r.13 does not displace Order 2 r.4(2). The application was dismissed. Atuguba, JSC issued a separate concurrence, criticizing the voidness approach and emphasizing Order 81’s curative policy, but reluctantly agreed that review is not a further appeal.

RULING