Ecobank abusing process of Court – High Court judge rules in Dan Ofori case

A High Court (General Jurisdiction 6) in Accra, presided over by Her Ladyship, Justice Abena Amponsah Buansi, ruled on Monday, 25th September 2023, that Ecobank Ghana Ltd was abusing the process of court in filing a suit in the High Court to re-litigate matters which had been decided on by the Supreme Court.

According to Her Ladyship, “[a] study of the Plaintiff’s pleadings discloses that the same grounds and arguments that were put before the Supreme Court in the applications to enable them prove fraud on the part of the Applicant [Daniel Ofori], are the same grounds on which this suit is premised.

The Supreme Court having refused to grant the applications on the finding that the Respondent’s allegations do not amount to fraudulent acts on the part of the Applicant, I find that there is nothing further for this Court to enquire into.” Her Ladyship further observed that the Supreme Court had had cause to bemoan the protracted nature of the litigation between the parties.

Her Ladyship did not consider it necessary to consider the other grounds on which Counsel for Mr. Ofori had applied for the dismissal of the suit.
In the concluding words of the ruling, Her Ladyship stated:

“I find that the claim before this Court is an abuse of the Court’s process. I therefore grant the application. I hereby strike out paragraphs 1 to 32 of the Plaintiff’s pleadings in the amended Statement of Claim filed on 13th June 2023, and further dismiss the suit. I award costs of GHC 40,000 against the Respondent in favor of the Applicant.”

Mr. Daniel Ofori was represented by Nana Boakye Mensah-Bonsu, led by Tsatsu Tsikata, holding Thaddeus Sory’s brief.

Ecobank Ghana Ltd was represented by Samuel Adumoah-Addo with Sekyere Duodu, holding a brief for Barima Kodie Yaw Oppong.