An Accra High Court has ruled that Ecobank Ghana Limited was abusing court processes in filing suit to re-litigate matters settled by the Supreme Court.
The court presided over by Justice Abena Amponsah Buansi in her ruling on September 25, 2023 struck out paragraphs 1 to 32 of the plaintiff’s (Ecobank) pleadings in the amended statement of claim filed on June 13, 2023 and further dismissed the suit.
The court said, “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 prove fraud on the part of the applicant (Mr Daniel Ofori), were the same grounds on which this suit was premised.”
Ecobank filed a suit seeking the court for a declaration that the judgement of the Supreme Court obtained by Mr Ofori herein against it was void having been obtained by fraud and acts of false pretence.
It also wanted a declaration that at all material times that the suit was pending before the Superior Court, Mr Ofori herein was the owner of the said shares as he had exercise acts of ownership over the said shares till date.
The Bank sought an order setting aside impugned judgement of the Supreme Court as same and procured by fraud.
The Supreme Court refused to grant the applications on the finding that Ecobank’s allegations did not amount to fraudulent acts on the part of Mr Ofori.
The court said it found that there was nothing further for it to enquire into.
Justice Amponsah Buansi observed that the Supreme Court had had cause to bemoan the protracted nature of the litigation between the parties.
She said she did not consider it necessary to consider the other grounds on which Counsel for Mr. Ofori had applied for the dismissal of the suit.
She said, “I find that the claim before this court is an abuse of the court’s processes and therefore award costs of GHC 40,000 against Ecobank Ghana Limited in favour of Mr Ofori.”
Mr Ofori was represented by Nana Boakye Mensah-Bonsu, led by Tsatsu Tsikata, holding Thaddeus Sory’s brief, while Ecobank Ghana Limited was represented by Samuel Adumoah-Addo with Sekyere Duodu, holding brief for Barima Kodie Yaw Oppong.
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