THE REPUBLIC V. BANK OF GHANA EX-PARTE: EXPRESSWAY MICROFINANCE
(2020) JELR 107380 (HC)
High Court
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HR/005/2020
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12 Mar 2020
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Ghana
Coram
NICHOLAS M. C. ABODAKPI
Appearances
K.T. HAMMOND FOR APPLICANT/RESPONDENT – PRESENT.
PATRICK JUSTICE ENNIN HOLDING BRIEF FOR FRANK DAVIES FOR RESPONDENT/APPLICANT – PRESENT.
Judgement
<p> </p><p> </p><p> </p><p> </p><p> </p><p> </p><p> </p><p> </p><p>R U L I N G </p><p>On 10/10/2019, Expressway Microfinance, the Applicant herein, commenced this action by filing an originating motion/application for Judicial Review. The process was amended on 5/12/19 making Bank of Ghana the only Respondent. </p><p>The reliefs indorsed are: </p><p>1. Certiorari directed to the Respondent to move into this Honorable Court for quashing the purported decision of the Respondent to revoke the license of applicant. </p><p>2. An order of Interlocutory Injunction retraining the Respondent, their agents, assigns privies etc from interfering with the operations of Expressway Microfinance Limited. </p><p>3. Damages </p><p>This ruling is about a preliminary legal objection raised about the capacity of the applicant to commence this action. Therefore, this court has to determine whether or not, applicant (Expressway Microfinance) is a legal person with full capacity and authority to institute this action. </p><p>It is common knowledge that, capacity is a fundamental legal principle in commencement …</p>