MANSEL GHANA LTD [2022] GHACA 87 (3 February 2022)

MANSEL GHANA LTD [2022] GHACA 87 (3 February 2022)

The Court of Appeal found that leave was in fact sought and obtained before the Writ was issued for service outside jurisdiction, and any clerical error in the order's date was attributable to the registry, not the party. The failure to attach a Statement of Claim to the Notice of Writ served outside jurisdiction was a procedural irregularity that did not warrant nullification of the proceedings, especially as one defendant was within jurisdiction and both Writ and Statement of Claim were filed together. The exclusive jurisdiction clause in favour of English courts did not oust the jurisdiction of the Ghanaian courts, particularly as the Deed of Charge conferred jurisdiction on Ghanaian...

Citation
[2022] GHACA 87
Parties
Plaintiff/respondent: Mansell Ghana Limited; 1st Defendant: Access Bank Ghana Ltd.; 2nd Defendant/appellant: FBN Bank (UK) Ltd.
Court
Court of Appeal
Jurisdiction
Ghana
Judgment Date
3 February 2022
Procedural Posture
Civil Appeal / Interlocutory Appeal From High Court Ruling on Application to Set Aside Writ of Summons and Statement of Claim
Outcome
Appeal dismissed
Legal Topics
Jurisdiction, Service Out of Jurisdiction, Exclusive Jurisdiction Clauses, Non Compliance With Procedural Rules, Enforcement of Securities
Source Language
English
Civil Procedure Commercial Law Conflict of Laws Jurisdiction Service Out of Jurisdiction Exclusive Jurisdiction Clauses Non Compliance With Procedural Rules Enforcement of Securities

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 31 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Mansell Ghana Limited

Plaintiff/respondent

Access Bank Ghana Ltd.

1st Defendant

FBN Bank (UK) Ltd.

2nd Defendant/appellant

Procedural Posture

Civil Appeal / Interlocutory Appeal From High Court Ruling on Application to Set Aside Writ of Summons and Statement of Claim

Legal Issues

  1. 1 Whether the trial judge erred in failing to dismiss the action against the 2nd Defendant/Appellant for lack of leave to issue and serve the Writ outside jurisdiction
  2. 2 Whether failure to attach a Statement of Claim to the Notice of Writ served outside jurisdiction rendered the proceedings a nullity
  3. 3 Whether the trial judge erred in assuming jurisdiction despite an exclusive jurisdiction clause in favour of English courts

Ratio Decidendi

The Court of Appeal found that leave was in fact sought and obtained before the Writ was issued for service outside jurisdiction, and any clerical error in the order's date was attributable to the registry, not the party. The failure to attach a Statement of Claim to the Notice of Writ served outside jurisdiction was a procedural irregularity that did not warrant nullification of the proceedings, especially as one defendant was within jurisdiction and both Writ and Statement of Claim were filed together. The exclusive jurisdiction clause in favour of English courts did not oust the jurisdiction of the Ghanaian courts, particularly as the Deed of Charge conferred jurisdiction on Ghanaian...

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed in its entirety
  • Suit to proceed in the trial court