[2024]DLCA17919 • March 7, 2024 • Court of Appeal
DIGICUT PRODUCTION & ADVERTISING PLC vs. GN SAVINGS & LOANS LTD AND BANK OF GHANA
The applicant, Digicut Production & Advertising Plc, claimed ownership of GHC 1,421,913.21 held by the Receiver of GN Savings & Loans Ltd (1st respondent). The applicant filed for judicial review seeking mandamus to compel release of the funds, alleging unlawful withholding by the Receiver. The Bank of Ghana (2nd respondent) was joined but sought to be struck out as a party, arguing it was not necessary since the Receiver, appointed by the Bank of Ghana, has legal capacity to manage the institution and respond to suits independently.
read moreJUDGMENT BRIGHT MENSAH JA: My Lords, this instant appeal is in a small compass. The crucial question that the appeal raises for our consideration and determination is whether the Bank of Ghana is a necessary party in this case. On record, the applicant Digicut Production & Advertising Plc did on 03/03/2020, file in the registry of the High Court, Accra (General Jurisdiction Division), an originating motion on notice for judicial review in the nature of Mandamus, directed at the GN Savings & Loans Limited (In Receivership), the 1st respondent herein and the Bank of Ghana, the 2nd respondent, as the case may be. On the motion paper, the applicant claims that it is the owner of One Million, Four Hundred and Twenty-One Thousand, Nine Hundred and Thirteen Ghana Cedis and Twenty-One Pesewas (Ghc1,421,913.21) but that the said sum of money was being unlawfully withheld by the Receiver of the GN SAVINGS & LOANS LIMITED. It was upon that basis that the applicant filed the application ...