E. K. BONSU LTD vs. PRUDENTIAL BANK LTD

Defendant/Applicant seek by this application to stay proceedings of the court pending what he terms as mandatory compliance by the Plaintiff of a statutory provision. The mandatory provision he refers to is section 43 of the Credit Reporting Act, 2007, Act 726. To the applicant as the plaintiff in his claim allege having been defamed based on what plaintiff believe to be inaccurate information provided to XDS Credit Reference Bureau by defendant, the plaintiff ought to have first resorted to the mechanism for resolution of such disputes with the Bank of Ghana before resorting to legal action in the court. Plaintiff/respondent ardently opposes the application on a number of grounds. One that the application is belated in the sense that the applicant had waived his right to have the matter settled before the arbitral forum created by the law. This he contends that defendant has filed a statement of defence and that amounts to the taking of fresh step. Again to the plaintiff the disput...