[2019]DLHC8772 • December 19, 2019 • High Court
DR. PAPA KWESI NDUOM, COCONUT GROVE BEACH RESORT AND GROUPE NDUOM LIMITED vs. BANK OF GHANA, THE ATTORNEY GENERAL AND GN SAVING & LOANS CO. LTD.
The Applicants/Respondents challenged the revocation of the specialized deposit-taking license of the 3rd Respondent (GN Saving & Loans Co. Ltd.) by the 1st Respondent (Bank of Ghana). They alleged violations of their fundamental human rights including rights to administrative justice, property, and equality, contending that the revocation was based on inaccurate information and was unlawful. The Respondents/Applicants contended that the dispute was subject to arbitration under Section 141(1)(a) of the Banks and Specialized Deposit Taking Institutions Act, 2016 (Act 930), and thus not justiciable in the High Court as a human rights matter.
read moreOn 18th September, 2019, the 1 Respondent as Applicant filed a motion on notice to strike out or set aside the originating notice of motion for enforcement of the fundamental human rights of the Applicants. Following this application, the 2nd Respondent also raised an objection to the jurisdiction of this Court to entertain the substantive action. Same was filed on 16th October, 2019. By reason of the fact that both applications raise the same concerns, I shall determine the concerns in both applications in this ruling. The instant applications invite me to interrogate a critical issue, to wit, whether the substantive action commenced by the Applicants/Respondents herein is amenable to arbitration pursuant to Section 141 (1) (a) of the Banks and Specialised Deposit Taking Institutions Act, 2016 (Act 930). The Respondents/Applicants herein submit that the substance of the originating action commenced against them by the Applicants/Respondents pertain to the revocation of the licen...