High Court ‘rebukes’ Ecobank, dismisses fresh suit against Daniel Ofori

The High Court(General Jurisdiction) has dismissed a fresh suit filed by Ecobank Ghana against Mr Daniel Ofori describing the same as an ‘abuse of court processes.’

The court found that Ecobank’s claim in the suit had already been dealt with by the Supreme Court and thus would not serve any purpose for it to consider the remaining grounds thereby awarding a cost of GHC 40,000 against the bank.

Subsequent to the Supreme Court’s dismissal of Ecobank’s review application in May this year in a 4-3 decision, the bank went back to the High Court presided over by Justice Abena Amponsah Buansi, seeking among others a declaration that the judgment of the Supreme Court obtained by Mr. Ofori was void as fraud and acts of false pretense had obtained same.

Also, it sought a declaration that at all material times that the suit was pending, Mr. Ofori was the owner of the said shares, the subject of contention, having exercised acts of ownership over it.

Ecobank thus sought an order setting aside the judgment of the Supreme Court as having been obtained by fraud.

On his part, the defendant, Daniel Ofori filed an application for an order to strike out paragraphs 1 to 32 of the plaintiff’s pleadings and an order for the suit to be dismissed per Order 11 rule 18(1)(a)(b) and (d) of C.I.47.

Mr. Ofori further argued that the suit did not disclose any reasonable cause of action against him describing the same as an abuse of court processes, frivolous and vexatious.

Further, the defendant noted that the plaintiff had improperly invoked the court's jurisdiction in its quest to declare the judgment of the Supreme Court void insisting that the plea of fraud by the plaintiff had been dealt with by the apex.

In its judgment, the court upheld the defendant’s plea to the effect that the plaintiff's pleadings against the defendant had already been dealt with by the Supreme Court.

Further, the presiding judge noted that the claim before the court was an abuse of the processes thus granting the defendant’s application and duly striking out paragraphs 1 to 32 of the plaintiff’s pleadings in the amended Statement of Claim.

The court thus dismissed the suit and awarded a cost of GHC 40, 000 against Ecobank.

BACKGROUND

Mr Daniel Ofori instituted an action against the Bank and two others for the enforcement of shares sale between him and one Oppong-Bio.

It was stated that the transaction had the shares duly transferred into Oppong-Bio's name and was evident in the Register of Members of the Company.

Mr Ofori maintained that he was entitled to some funds that Ecobank had withheld per the transfer of his interest in the shares to Oppong-Bio.

He thus filed a suit against Ecobank and two others but at the first court instance, judgment was entered in favor of the defendants after it was found that the transaction was not consummated and that the shares belonged to the defendant.

Mr Ofori appealed the decision insisting that the transaction had not failed but lost also at the appellate court..

He thus went to the Supreme Court where his appeal was allowed by their Lordships thereby setting aside the judgments of the High Court and the Court of Appeal.

The apex court in its judgment, agreed with the defendant that he had at all material times divested himself of the ownership of the shares and thus deemed the trade as having been consummated.

Ecobank subsequently filed for a review of the judgment of the original panel of the apex court but failed.