5 Accused Require Documents From Unibank's Receiver



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Five of the 17 defendants sued by the late UniBank's sequestrator filed an application with the High Court of Accra for an order directing the receiver to provide them with certain documents.

The application was filed by Dr. Kwabena Duffour, Hoda Limited Holdings, Integrated Properties Limited, Alban Logistics and Bolton Portfolio, with the receiver, Nii Amanor Dodoo, as defendant.

The lawyers of the five people are expected to file the motion for production of documents on March 4, 2019, at the Commercial Division of the High Court of Accra.

Necessary documents

In all, they seek to have access to 17 documents of the recipient.

They include a notice from the Bank of Ghana (BoG) to UniBank revoking its banking license and a document appointing the BoG to KPMG and Nii Dodoo as the official administrator and receiver of the bank in bankruptcy, respectively.

They also want the purchase and badumption agreement between the escrow and the newly formed consolidated bank, the BoG report that uniBank should be placed in the official administration and the KPMG report 30 days after appointment as an official administrator.

Among other documents, they also seek "all other documents relevant to the official administration and the alleged receivership and liquidation of the uniBank".

Crucial to our defense

In an affidavit in support of the motion, the five argue that the documents are essential to their argument.

They further stated that they felt that the documents they were looking for were in the possession of the receiver and that, therefore, the court should order them to produce them.

Suit

The receiver of the uniBank, Nii Dodoo, sued the 5 and 12 other people on September 4, 2018 for breaching their fiduciary duties as directors of the bank and, in doing so, left a debt 5.7 billion GH ¢.

Accordingly, he asks the High Court to hold the 17 persons jointly and severally liable for all losses suffered by unibank Ghana Limited.

The other defendants are Dr. Kwabena Duffour II, Starlife Assurance, Poku Gyamfi Boateng, Professor Newman Kwadwo-Kusi, Owusu Ansah Awere, Ekow Nyarko Dadzie-Dennis and Clifford Duke Mettle.

The other members are Boatemaa Kakra Duffour-Nyarko, Kofi Kyereh Darkwah, Nana Boakye Asafu-Adjaye and Alex Gaddiel Buabeng.

Counterclaim

However, three of the defendants, the receiver of Unibank, filed a lawsuit for causing the repayment of the debt of 5.7 billion GH ¢ to the bank last September.

Drs Duffuor II, Kwadwo-Kusi and Boatemaa Kakra Duffour-Nyarko, in their defense, accused the addressee of publishing a false report which led to the collapse of the bank.

In a counterclaim, the three argue that the BoG would not have revoked the single bank's license "without the misrepresentation and rent-seeking behavior of KPMG and the receiver".

The defendants therefore request a declaration that the entire procedure leading up to the alleged appointment of KPMG as an official administrator was illegal, unlawful and contrary to the practices and practices acceptable and in force in the banking sector.

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