THE REPUBLIC V. BANK OF GHANA EX PARTE: EXPRESSWAY MICROFINANCE LTD.

JUDGEMENT

SACKEY TORKORNOO CJ:-

Background to the dispute

The Applicant/Appellant/Respondent (hereafter referred to as Applicant) is a microfinance company.

According to depositions in the supporting affidavit by the majority shareholder and a director of the Applicant, the company was set up in 2013, and given a license by the Bank of Ghana to operate as a non-bank financial institution in June 2014, even before the company received a certificate to commence business in 2015. The business of the company included taking of deposits, granting of loans and investments. Three other affidavits were filed by a minority shareholder and chairman of the company, the accountant of the company, and a consultant to the company in support of the suit.

They averred that on May 31, 2019, the Bank of Ghana, the Respondent/Respondent/Appellant (hereafter referred to as Respondent) published the names of financial institutions whose licenses it had revoked on grounds of insolvency. In that publication, the…