[2021]DLCA10847May 20, 2021Court of Appeal

OSEI BONSU JOSEPH vs. GCB AND BANK OF GHANA

ADJEI, J.A: I had the privilege of reading through the draft speech of my respected sister, Jennifer Amanda Dodoo, JA, and I have decided to write a concurrent judgment specifically on legal matters. I will not spend much time in discussing the facts as my sister has ably discussed them. The basis for the appeal was that the Appellant filed the suit in the trial High Court without observing the statutory ouster clause provided by section 141 of the Banks and Specialised Deposit- Taking Institutions Act, 2016 ( Act 930) The Plaintiff being dissatisfied with the decision taken by the 2nd Defendant/Respondent filed a suit in the High Court for a true and proper interpretation of section 123 of the Banks and Specialised Deposit- Taking Institutions Act, 2016 ( Act 930). The other five reliefs sought by the Appellant would be influenced by the outcome of the interpretation to be given to section 143 of Act 930 by the High Court. The 2nd Defendant entered conditional appearance and filed a...