An Accra High Court presided over by Her Ladyship Justice Ellen Lordina Serwaa Mireku, has granted an interlocutory injunction restraining Daniel Ofori from enforcing a Supreme Court judgment dated July 25, 2018.
This ruling came on Wednesday, June 5, 2024, in favour of ECOBANK Ghana Plc, represented by their legal team led by Nana Barima Yaw Kodie Oppong.
The legal saga began in 2007 when Daniel Ofori filed a lawsuit against ECOBANK and others, claiming that he had sold and divested his shares to an ECOBANK customer.
He sought the court’s endorsement of the contract between himself and the said customer, along with payments of interest and general damages.
Although the Court of Appeal dismissed his case, Ofori successfully appealed to the Supreme Court.
As recently as April 2024, Daniel Ofori continued to act as the owner of the very shares he claimed to have sold to a customer of Ecobank as documents from the Accra High Court appear to confirm.
This action precludes Daniel Ofori from executing the disputed Supreme Court decision while ECOBANK’s appeal against the High Court’s previous dismissal of their lawsuit is pending.
The ruling underscores the necessity to maintain the status quo until the appeal is resolved, ensuring that justice is thoroughly examined and served.
As Ecobank’s lawyers argued, the case affirms the common principle that once a party comes by evidence that judgment against her was obtained by fraud it can be challenged in another court even if it is below the court from which the earlier judgment was obtained.
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