Standard Bank Offshore Trust Company Ltd Vrs National Investment Bank Ltd and Others [2018] GHASC 18 (14 March 2018)

Standard Bank Offshore Trust Company Ltd Vrs National Investment Bank Ltd and Others [2018] GHASC 18 (14 March 2018)

The application for review fails because the ordinary bench did not err in holding that non-compliance with Order 2 Rule 4(2) is fatal and renders the writ void, incapable of amendment or waiver. No exceptional circumstances or fundamental error were demonstrated to justify review. The review jurisdiction cannot be used as a further appeal or to re-argue matters already decided.

Citation
[2018] GHASC 18
Parties
Plaintiff/respondent/respondent/applicant: Standard Bank Offshore Trust Company Limited (suing on behalf of certain investors in promissory notes: Sphynx Capital Markets PCC Investors & Tricon Trade Management Limited, substituted by Dominion Corporate Trustees Limited); 1st Defendant/appellant/appellant/respondent: National Investment Bank Limited; 2nd Defendant: Eland International Ghana Limited; 3rd Defendant: Daniel Charles Gyimah
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
14 March 2018
Procedural Posture
Review Motion / Ruling on Application for Review of Supreme Court Judgment
Outcome
application for review dismissed
Legal Topics
Capacity to Sue, Representative Actions, Procedural Irregularity, Amendment of Pleadings, Review Jurisdiction
Source Language
English
Civil Procedure Trust Law Banking Law Capacity to Sue Representative Actions Procedural Irregularity Amendment of Pleadings Review Jurisdiction

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Parties

Standard Bank Offshore Trust Company Limited (suing on behalf of certain investors in promissory notes: Sphynx Capital Markets PCC Investors & Tricon Trade Management Limited, substituted by Dominion Corporate Trustees Limited)

Plaintiff/respondent/respondent/applicant

National Investment Bank Limited

1st Defendant/appellant/appellant/respondent

Eland International Ghana Limited

2nd Defendant

Daniel Charles Gyimah

3rd Defendant

Procedural Posture

Review Motion / Ruling on Application for Review of Supreme Court Judgment

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 a writ void and incapable of amendment
  2. 2 Whether Order 4 Rule 13 allows trustees to sue without naming beneficiaries and their addresses
  3. 3 Whether the Supreme Court's ordinary bench misapplied the ratio in Naos Holdings v Ghana Commercial Bank

Ratio Decidendi

The application for review fails because the ordinary bench did not err in holding that non-compliance with Order 2 Rule 4(2) is fatal and renders the writ void, incapable of amendment or waiver. No exceptional circumstances or fundamental error were demonstrated to justify review. The review jurisdiction cannot be used as a further appeal or to re-argue matters already decided.

Court Disposition

application for review dismissed

Orders

  • The application for review of the decision of the ordinary bench of the Supreme Court dated 21st June 2017 is dismissed.