THE REPUBLIC vs. THE HIGH COURT (COMMERCIAL DIVISION), ACCRA EX PARTE: NANA OWUSU AFRIYIE AND DR. KWAME ADDO KUFUOR [FIRST ATLANTIC BANK LIMITED - INTERESTED PARTY]

The First Atlantic Bank Limited granted a bank guarantee facility to Kwasi Boampong Company Limited, secured by a mortgage on property owned by Kwasi Boampong, who appointed Akwasi Amoako (a director of the company) as attorney to execute the mortgage. Kwasi Boampong died before the bank provided the guarantee. The company defaulted on repayment, leading the bank to sue the company and its directors for recovery and judicial sale of the mortgaged property. The executors of Kwasi Boampong's estate were not made parties to the suit or notified. The High Court ordered judicial sale of the property. The executors applied to the Supreme Court to quash the High Court judgment on grounds of lack of jurisdiction and breach of natural justice.

This is an application invoking the supervisory jurisdiction of this court under article 132 of the 1992 Constitution of Ghana and Rule 61 of the Supreme Court Rules 1996 C.I 16. The applicants are praying this court for an order of certiorari to quash the judgment of the High Court, Accra, dated 28th of March 2019, delivered in suit N0. CM/BFS/0638/2017 titled First Atlantic Bank Limited v Kwasi Boampong Company Limited, Akwasi Amoako and Victoria Boampong. Akwasi Amoako (2nd defendant and Victoria Boampong 3rd defendant) are directors of the first defendant company. The background of the above named suit is that the first defendant company on 20th of May 2016 applied to the interested Party, First Atlantic Bank Limited (the bank) for a facility. The purpose of the facility was for the bank to provide bank guarantee to Guinness Ghana Breweries Limited for payment in respect of stock supplied to the first defendant company. To secure the facility Mr. Kwasi Boampong mortgaged his prope...