[2025]DLSC18376 • June 25, 2025 • Supreme Court •
THE REPUBLIC vs. THE HIGH COURT, ACCRA (COMMERCIAL COURT 9) , EXPARTE UNIVERSAL MERCHANT BANK AND 2 ORS
The dispute arose from a credit transaction between Universal Merchant Bank (Applicant) and the 1st Interested Party (Defendant in High Court). The Applicant sought recovery of an outstanding debt of GHS 6,446,571.63, judicial sale of mortgaged property, enforcement of a personal guarantee, and ancillary reliefs. The Interested Parties filed a defence and counterclaim alleging frustration of contract and invalidity of the credit arrangement under the Borrowers and Lenders Act, 2020 (Act 1052) due to absence of a pre-lending disclosure agreement.
read moreRULING KULENDI JSC: INTRODUCTION: 1. This is an application invoking the Supervisory jurisdiction of this Court under Article 132 of the 1992 Constitution and Rule 61 of the Supreme Court Rules, 1996 (C.I. 16). The Applicant is specifically praying for an order of certiorari to remove into this Court for the purpose of quashing an interlocutory judgment entered by the High Court (Commercial Division 9) Accra, dated 14th December 2023 on grounds of the lack of jurisdiction and a fundamental errors of law. 2. The origins of the dispute, as may be inferred from Applicant’s affidavit in support and the various exhibits attached thereto, lies in a credit transaction between the Applicant as the Plaintiff in the High Court and the 1st Interested Party as the 1st Defendant at the High Court. The Applicant initiated the action by Writ of Summons against the Interested Parties on 23rd December 2022, seeking a recovery of an outstanding debt of Six Million Four Hundred and Forty-Six.....