CAPITAL BANK GH LTD vs WILLIAM ATO ESSIEN, MENSA ANAMUA OTABIL, OHENEBA OSEI-AKOTO & 12 0RS

RULING The court has taken Judicial notice under section 9 (3) of the Evidence Act, 1975 (NRCD 323), that almost all the assets and liabilities of the defunct Capital Bank Ltd. have been taken over by GCB Bank PLC. Under section 9 (3) of NRCD 323, Judicial notice may be taken whether requested or not. And under section 9 (6) of NRCD 323, such Judicial notice may be taken by the court at any stage of the action. The Plaintiffs in this case are Mr. Vish Ashiagbor and Eric Nana Nipa who sued in their capacity as Joint Receivers/Managers in respect of the assets of the defunct Capital Bank Ltd. As I have stated already, it is common knowledge, that the assets and liabilities of the defunct Capital Bank Ltd. are now with GCB Bank PLC. Therefore, the question is whether the Plaintiffs are properly before the court in respect of their capacity and or locus standi. The court will therefore set down the issue as to whether the Plaintiffs can still maintain the action in terms of capa...