MERVILLE ENTERPRISE S. A V. THE 10,000 METRIC TONNES OF CARGO OF CRUDE OIL LADEN ON BOARD MOTOR TANKER “OLYMPIC FAITH” AND 2 ORS AND BBLS GMBH AND GCB BANK LIMITED

JUDGMENT

ADJEI-FRIMPONG JSC:

By a notice of appeal filed on 23rd June 2023, the Appellant seeks the reversal of the decision of the Court of Appeal dated 30th March 2023. The decision of the Court of Appeal set aside the decision of the High Court which ordered GCB Limited, the Respondent to this appeal to pay the sum of USD 7,428,456 with interest to the Appellant. This appeal in effect seeks the reinstatement of the order of the High Court dated 7th February, 2020.

The following are the grounds of appeal:

1. The judgment is against the weight of evidence.

2. The Court of Appeal erred in law by holding that the High Court, Commercial Division, Accra has no jurisdiction to embark on a proceeding that involved a bank whose license has been revoked under the provisions of Banks and Specialized Deposit-Taking Institution Act, 2016 [Act 930].

Particulars of Error of Law

1. The proceedings at the High Court, Commercial Division, Accra was not proceedings against UT Bank as a party but against the Carg…