The Accra High has scolded Court Ecobank Ghana Limited for what the Court said was “an abuse of the Court’s Process” in its attempt to avoid obey by a Supreme Court judgment against the Bank in favour of Mr. Daniel Ofori.
The Court presided over by Justice Abena Amponsah Buansi on 25 September 2023, struck out Ecobank’s suit and awarded costs of GHC40,000.00 against Ecobank, stating thus:
“I find that the claim before this Court is an abuse of the Court’s Process…”
Her Ladyship also found that the Supreme Court bemoaned Ecobank’s continuous abuse of the Court’s process; and that it will serve no purpose for the Court to consider the remaining grounds under which the application by Ecobank was brought; considering all the matters had already been dealt with by the Supreme Court.
To this effect, Her Ladyship further stated;
“A study of the Plaintiff’s pleadings discloses that the same grounds and arguments that were put before the Supreme Court in the applications to enable them prove fraud on the part of the Applicant, are the same grounds on which this suit is premised. The Supreme Court having refused to grant the applications on the finding that the Respondent’s allegations do not amount to fraudulent acts on the part of the Applicant, I find that there is nothing further for this Court to enquire into.”
Ecobank Ghana Limited, admitted at the Supreme Court to be owing Mr. Daniel Ofori an amount of Ninety-Six Million, Three Hundred and Four Thousand, Nine Hundred and Seventy-Two Ghana Cedis and Forty-One Pesewas (GHC96,304,972.41). The Bank was ordered by the Supreme Court to pay the admitted amount but refused to abide by the order of the apex Court, turned around and filed a new suit at the High Court against Mr. Ofori.
Lawyers for Mr. Ofori filed an application at the High Court to strike out Ecobank’s pleadings and dismiss the suit on the grounds that all the matters contained in the fresh suit by Ecobank have been determined and pronounced on by the Supreme Court itself in several judgments.
The High Court ruling paves the way for the resumption of the execution process by Lawyers of Mr. Ofori. An order of a writ of fifa executed against Ecobank Ghana Limited was at the stage of a Court appointed valuer valuing the Ecobank head office building to be auctioned in settlement of the judgment debt should Ecobank fail to pay the amount of GHC96,304,972.41 the Bank admitted it owed Mr. Daniel Ofori.
Mr. Ofori was represented by Nana Boakye Mensah-Bonsu, led by Tsatsu Tsikata, holding Thaddeus Sory’s brief, while Ecobank Ghana Limited was represented by Samuel Adumoah-Addo with Sekyere Duodu, holding brief for Barima Kodie Yaw Oppong.
