[2013]DLHC12102 • October 30, 2013 • High Court
HOWARD GOLLOMP vs. STANDARD CHARTERED BANK
The plaintiff, Howard Gollomp, was involved in a dispute concerning dealings in precious minerals, specifically diamonds, with the defendants including Standard Chartered Bank. The 5th defendant filed a motion to dismiss the plaintiff's claim on grounds of illegality, alleging that the plaintiff did not have the required license or authorization to deal in precious minerals in Ghana, thus rendering the contract illegal and unenforceable. The plaintiff denied these allegations, contending that the subject matter related to the operation of bank accounts and not the sale or purchase of diamonds, and argued that no license was required for a foreign buyer under the relevant guidelines.
read moreRULING On the 20/03/2013, learned counsel for the 5th defendant filed this motion, praying this Court to dismiss plaintiff’s action for illegality under Order 19 r 1 of CI 47. The said Order reads: 1(1) Every application in pending proceedings shall be made by motion” An affidavit deposing to the reason for the Court to dismiss the plaintiff’s claim had been attached to the motion paper. I have observed that, the paragraphs which are relevant to this motion are 3, 4, 5, 6, 7 & 8. I will however repeat them in extenso. “3” During cross-examination of the plaintiff witness Stephen Lynn it became abundantly clear that the plaintiff did not have a valid licence/authorization to deal in precious minerals and/or diamonds as required by the relevant authorities. “4” The plaintiff’s witness lame excuse was that he had given money to the purported seller of the diamonds to secure a licence for the plaintiff. “5” This excuse is an afterthought and is totally unacceptabl...