By Mohamed Foday Conteh
Rokel Commercial Bank has challenged an order by the Appeal Court that the bank honours payment of 7 billion Leones to businessman, Christian Ogoo.
The bank is asking for stay of judgment by the court of appeal following closing arguments on Monday 2nd August 2021. The said matter was earlier at the High Court where the bank won the case, with Ogoo ordered to pay the bank. He had reportedly started paying Rokel bank up to the sum of over 500 million Leones when he then forwarded the case to the appeal court. However, the bank had asked for a stay of judgment citing that they are seeking redress at the Supreme Court.
Lawyer Taylor, counsel for Ogoo the appellant, stated that the bank had refused to obey the order of the court, arguing that the bank’s counsel, Osman Jalloh had not laid down the necessary foundation for the bank not to pay the cost. He expressed dismay that the bank had agreed to pay the cost but had now sought a direction that he said did not merit at all.
Replying to Justice Komba Kamanda’s notion that if judgement at the Supreme Court went in favour of the bank, then Ogoo will have to repay the said sum again to the respondent, Taylor, however stuck to the appeal court judgement and said refusal by the bank to pay up was defiance of the court’s order. He said that the bank was seeking justice but had not heeded to the ruling by the court of appeal.
Lawyer Taylor also noted that the bank’s use of Order 43 Rule 7 as an excuse to not pay the money was misplaced and its conduct of not complying with the court of appeal was enough grounds for its soliciting of Supreme Court ruling in the institution’s favour was bound to fail. He added that the bank had acted in contrast to Ogoo who did as ordered by the high court. He said the claim by the bank not having the necessary liquid asset to pay the said amount, was not true. Taylor said that the bank has several properties and selling of one will address the payment of the order. He also noted that the emphasis by the bank that it would have to redundant some of its staff to pay the money was exaggerated and that the bank has over 80 billion Leones as reserves at the Bank of Sierra Leone. He also stated that the yearly financial benefits of senior staff at the bank were now four times higher than they were a couple of years ago.
Ogoo, according to his counsel, tendered several exhibits in court showcasing that he is capable of repaying the bank the said sum if the supreme court rules against him, as he was said to own a business entity with an annual return of 100 billion Leones.
Lawyer Jalloh representing Rokel Bank said the reason his client failed to honour the court order was because the judgment forms part of bank’s appeal at the supreme court. He said the request for a stay of judgment was because the bank never wanted dual proceedings in both the appeal and supreme courts.
Justice Allan Halloway adjourned the matter for ruling, on a date that will later be determined and the public given prior notice about.
Copyright © 2021 Politico Online
