Ecobank Ghana Limited abusing court processes – Accra High Court declares
Legal proceedings filed by Ecobank Ghana Limited to relitigate cases already decided by the Supreme Court were dismissed by an Accra High Court.
In her judgement issued on September 25, 2023, Justice Abena Amponsah Buansi dismissed the suit and struck down paragraphs 1 through 32 of the plaintiff’s (Ecobank) revised statement of claim submitted on June 13, 2023.
According to the court: “a study of the plaintiff’s pleadings disclosed that the same grounds and arguments that were put before the Supreme Court in the applications to enable them to prove fraud on the part of the applicant (Mr Daniel Ofori), were the same grounds on which this suit was premised.”
Ecobank has filed a lawsuit asking the court to declare that Mr. Ofori’s Supreme Court ruling acquired against it is null and void since it was obtained via fraud and other acts of false pretence.
It also sought a determination that Mr. Ofori herein was the owner of the disputed shares during the relevant time period of the Superior Court case because he had exercised ownership over the disputed shares through his actions.
The Bank filed a petition with the Supreme Court asking that the impugned judgement be overturned on the grounds that it was obtained through fraud.
The Supreme Court ruled against Mr. Ofori’s motions because the charges made by Ecobank did not amount to fraudulent behaviour on his behalf.
The court stated that it had exhausted its investigative powers.
According to Justice Amponsah Buansi, the Supreme Court had valid complaints about the length of the dispute.
Counsel representing Mr. Ofori had also argued that the claim should be dismissed on other grounds, but the judge said she did not think it was necessary to address those arguments.
The judge ruled in favour of Mr. Ofori, saying, “I find that the claim before this court is an abuse of the court’s processes and award costs of GHC 40,000 against Ecobank Ghana Limited in favour of Mr. Ofori.”
Ecobank Ghana Limited was represented by Samuel Adumoah-Addo and Sekyere Duodu, holding brief for Barima Kodie Yaw Oppong, while Mr. Ofori was represented by Nana Boakye Mensah-Bonsu, led by Tsatsu Tsikata, holding brief for Thaddeus Sory.
