The Receiver for Unibank has filed a fresh application in court to try and correct an earlier procedural concern raised with its objection to an arbitration hearing.
The High court last week threw out an application by the Receiver on the grounds that Nii Amanoor Dodoo lack capacity to bring the issue to court.
However, a fresh application sighted by JoyBusiness showed that they are working to correct the issues.
The application which was filed on Tuesday actually cited Dr Kwabena Duffour, directors and shareholders of the bank over certain actions that affected the defunct bank.
The Plaintiff is, therefore, seeking a claim among other things for:
“a) A declaration that the various transactions identified in this action, and variously described in the Statement of Claim, resulting in the Unlawful Loans, the Unlawful Advances, the Unlawful Guarantees as well as the acquisition of properties and assets in the names of shareholders, their related interests and/or connected persons are unlawful;
b) A declaration that the 8th, 9th, and 10th, Defendants have breached their duties to the Plaintiff, and are liable to Plaintiff for all losses occasioned by their acts of breach;
c) A declaration that the 1st, 2nd, 4th, 8th, 9th, 10th Defendants are jointly and severally liable for the repayment of the amount of GH¢5, 712, 623, 145 (together with applicable interest) to the Plaintiff;
d) A declaration that the properties and assets mentioned in paragraphs 34, 39 and 41 of the Statement of Claim, as well as all other identified in this matter to have been acquired with the funds unlawfully taken from the Plaintiff, and in the possession or control of any of the Defendants, are held in trust for the Plaintiff…”
An Accra High Court last Thursday dismissed a case filed by the Receiver of defunct Unibank, Nii Amanor Dodoo that sought to challenge an arbitration process.
The court dismissed the case filed by Nii Amanor Dodoo describing himself as Receiver of Unibank against Dr Kwabena Duffour and other shareholders and directors of the defunct bank.
Application to halt arbitration hearing
In June 2019, Nii Amanor Dodoo filed an application in court to halt an arbitration hearing with shareholders of the defunct bank.
The application filed by lawyers for the Receiver, Nii Amanor Dodoo of Accounting firm KPMG, was asking the court to also make a determination on the previous ruling which directed the case for arbitration.
The Receiver referred the matter to court after owners of Unibank sought to challenge the bank’s liquidation by the Bank of Ghana.
A former Justice of the Supreme Court, Professor Justice Samuel Date-Bah, who was appointed by the Commercial Division of the Accra High Court to arbitrate in the case of the defunct uniBank, had written to the parties involved in the matter to appear before him on Wednesday, June 19, 2019.
The appearance of the 16 shareholders, the receiver of the bank, Nii Amanor Dodoo, and the Attorney-General will allow Prof. Justice Date-Bah, as the sole arbitrator, to determine whether or not the revocation of uniBank’s class-one banking licence by the central bank was done in accordance with the tenets of the law.
The Accra High Court presided over by Justice Jenifer Dadzie, referred the matters contained in a counter-claim filed by lawyers for Dr Kwabena Duffour II, one of the 16 shareholders of the bank, for arbitration.
The counter-claim argued that the revocation of uniBank’s licence was illegal.