Standard Bank Offshore Trust Company Ltd Vrs National Investment Bank Ltd and Others [2017] GHASC 26 (21 June 2017)

Standard Bank Offshore Trust Company Ltd Vrs National Investment Bank Ltd and Others [2017] GHASC 26 (21 June 2017)

The writ of summons was void ab initio for failure to comply with the mandatory requirements of Order 2 Rule 4(2) of C.I. 47, as it did not disclose the foreign identity and addresses of the persons on whose behalf the plaintiff sued. This non-compliance is fatal, cannot be cured by amendment or waiver, and renders all subsequent proceedings and judgments null.

Citation
[2017] GHASC 26
Parties
Plaintiff/respondent/respondent: Standard Bank Offshore Trust Company Limited (substituted by Dominion Corporate Trustees Limited); 1st Defendant/appellant/appellant: National Investment Bank Limited; 2nd Defendant: Eland International Ghana Limited; 3rd Defendant: Daniel Charles Gyimah
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
21 June 2017
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal
Outcome
Appeal allowed; writ declared a nullity; all proceedings and judgments set aside.
Legal Topics
Capacity to Sue, Procedural Compliance, Nullity of Writ, Foreign Plaintiffs
Source Language
English
Civil Procedure Capacity to Sue Procedural Compliance Nullity of Writ Foreign Plaintiffs

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Parties

Standard Bank Offshore Trust Company Limited (substituted by Dominion Corporate Trustees Limited)

Plaintiff/respondent/respondent

National Investment Bank Limited

1st Defendant/appellant/appellant

Eland International Ghana Limited

2nd Defendant

Daniel Charles Gyimah

3rd Defendant

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal

Legal Issues

  1. 1 Whether failure to comply with Order 2 Rule 4(2) of the High Court (Civil Procedure) Rules, 2004 C.I. 47 renders the writ void
  2. 2 Whether the plaintiff had capacity to sue on behalf of foreign investors without proper endorsement of their identity and address
  3. 3 Whether non-compliance with mandatory procedural rules can be cured by amendment or waiver

Ratio Decidendi

The writ of summons was void ab initio for failure to comply with the mandatory requirements of Order 2 Rule 4(2) of C.I. 47, as it did not disclose the foreign identity and addresses of the persons on whose behalf the plaintiff sued. This non-compliance is fatal, cannot be cured by amendment or waiver, and renders all subsequent proceedings and judgments null.

Court Disposition

Appeal allowed; writ declared a nullity; all proceedings and judgments set aside.

Orders

  • The writ of summons issued on 4th March 2010 is declared a nullity.
  • All proceedings founded on the said writ, including the judgments of the High Court and Court of Appeal, are set aside.