General News of Thursday, 27 September 2018
The Accra High Court has adjourned the case between Dr Kwabena Duffuor and the Bank of Ghana (BoG) to October 17, 2018 to allow the Chief Justice to respond to a letter by lawyers of the BoG.
Mr Duffour, a shareholder of the defunct uniBank Ghana Limited, filed a suit to reclaim uniBank, which the BoG on August 1, 2018, collapsed along with four other banks on grounds of insolvency.
The General Jurisdiction Division of the High Court was expected to hear an application today by the BoG urging the court to set aside the writ of summons and statement of case filed by Dr Duffuor’s lawyers.
But lawyer for the BoG, Mr Frank Davies, drew the court’s attention to a letter he had written to the Chief Justice seeking for a change of court.
The said letter was sent to the Chief Justice, Ms Justice Sophia Akuffo, yesterday, September 26, 2018
Excerpts of the letter made available in court showed that lawyers for the BOG want the Chief Justice to change the court hearing the case from the General Jurisdiction Division to the Commercial Division.
According to Mr Davies, per the nature of Dr Duffour’s reliefs, the appropriate court should be the Commercial Court
The request by the BoG’s lawyers attracted strong objections from lawyer for Dr Duffuor, Mr Tasatsu Tsikata.
Mr Tsikatu argued that the said letter was just a way by the BoG to use administrative process to choose the court where the case would be heard.
According to him, the court must proceed with the case and disregard the said letter because there was nothing that barred the hearing of the case.
He further argued that if the court stops proceedings as a result of the letter, it would set a bad precedent.
He submitted that any litigant who is not comfortable with a court would write to the Chief Justice for change of court.
“Applicants do not have the right to choose the court that where their cases would heard,” he added.
He further argued that the appropriate thing was for the BoG to have filed an application on why they needed a change of court.
After the back and for the arguments, the judge, Mr Justice Daniel Mensah, decided to adjourn the case until the Chief Justice responds to the letter.