[2015]DLSC3253 • November 19, 2015 • Supreme Court •
REV. ROCHER DE-GRAFT SEFA & ORS vs. BANK OF GHANA
The plaintiffs/respondents filed a writ of summons against the Bank of Ghana and others claiming declaratory reliefs and recovery of a liquidated sum of GH₵4,977,059.00. The claims centered on the allegation that the 4th defendant operated as a bank without a license for over two years, with the Bank of Ghana defendants permitting this operation, which was alleged to be negligent, unconstitutional, fraudulent, and legally impermissible. The plaintiffs sought declarations against the defendants and recovery of deposited funds with the 4th defendant, alleging fraud and breach of fiduciary duty.
read moreGBADEGBE JSC: :On June 29, 2012, the plaintiffs-respondents-respondents took out the writ of summons herein against the appellant-appellant-appellant (appellant) claiming among certain declaratory reliefs and one other relief for the recovery of what was described as a liquidated sum of money. We shall in this delivery refer only to three such reliefs - two declaratory reliefs and the monetary claim. The said reliefs which are numbered as (a), (b), and (d) are as follows: (A) A declaration that the deliberate and or intentional act of the 1st defendant, 2nd defendant and 3rd defendants permitting and or indulging the 4th defendant to operate commercially as a bank concern in the Greater Accra Region, Ashanti Region and Brong Ahafo Region respectively for over 2 (two) years without the requisite Bank of Ghana banking license was not only negligent and or unconscionable but unconstitutional, fraudulent and legally impermissible and as result have caused substantial miscarriage of ju...