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REV. ROCHER DE-GRAFT SEFA & ORS V. BANK OF GHANA

(2015) JELR 68961 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/51/2014  •  19 Nov 2015  •  Ghana

Coram
ANSAH JSC (PRESIDING), ANIN YEBOAH JSC, BAFFOE BONNIE JSC, GBADEGBE JSC, AKOTO BAMFO (MRS) JSC

Appearances
SAMUEL CODJOE ESQ. FOR THE DEFENDANT/ APPELLANT/APPELLANT; HANSEN K. KODUAH ESQ. FOR THE PLAINTIFFS/RESPONDENTS/ RESPONDENTS.

Judgement

JUDGEMENT

GBADEGBE JSC

On June 29, 2012, the plaintiffs-respondents-respondents took out the writ of summons herein against the appellant-appellant-appellant (appellant) claiming among certain declaratory reliefs and one other relief for the recovery of what was described as a liquidated sum of money. We shall in this delivery refer only to three such reliefs - two declaratory reliefs and the monetary claim. The said reliefs which are numbered as (a), (b), and (d) are as follows:

(A) A declaration that the deliberate and or intentional act of the 1st defendant, 2nd defendant and 3rd defendants permitting and or indulging the 4th defendant to operate commercially as a bank concern in the Greater Accra Region, Ashanti Region and Brong Ahafo Region respectively for over 2 (two) years without the requisite Bank of Ghana banking license was not only negligent and or unconscionable but unconstitutional, fraudulent and legally impermissible and as result have caused substantial miscarriage of j…

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