These powers range from forcing punishments for breaks of arrangements of the Act and the renouncement of a permit of an organization in specific conditions. He noticed that with such wide and sweeping powers under Act 930, Bank of Ghana, being an authoritative body, can't do however it sees fit. Its activities should agree with set down strategy in the Act as well as the arrangements of Article 296 of the Constitution.
That's what his Lordship reasoned, Bank of Ghana can't repudiate the permit of any bank or concentrated store taking establishment without conforming to the arrangements of Section 16(3) of the Act 930, by giving the notification which will manage the cost of the foundation the amazing chance to answer the issues raised by Bank of Ghana.
As she would see it, Bartels-Kodwo, JA (Mrs.) examined a plenty of concluded cases on legal survey and saw that, Hoda Holdings Ltd's understanding of the prerequisites contained in Section 123 of Act 930 additional precisely mirrored the aim of the legislators. She noticed that this was particularly the situation as the denial of the permit of a bank or concentrated store taking establishment frequently prompted employment misfortunes, and was doubtlessly combined with the arrangement of a collector or director, who might assume control over the running of the issues of the bank, basically removing the Bank or concentrated store taking foundation from the investors.
That's what her Ladyship added, that was equivalent to denying people of their property, which under Article 20 of the 1992 Constitution, wasn't possible without meeting specific necessities. In the Ex parte Hoda Holdings Ltd case, Her Ladyship appropriately noted, Bank of Ghana had not even endeavored to attest that the essential circumstances for the hardship of Hoda Holdings Ltd's confidential property existed prior to renouncing its permit.
End
The Court of Appeal's striking and learned choice in Ex parte Hoda Holdings Ltd is an opportune illustration for public managerial, adjudicatory and administrative bodies. Such open substances are made and work under regulations and are commanded to act rigorously as per such regulations and guidelines. Sadly, most open officials are unaware of the gigantic legal and administrative obligations that go to their jobs as open authorities.
They act without risk of punishment, frequently impelled by intentions other than the adherence to law and order. At the point when they experience adjudicators who rush to surrender their protected administrative capabilities, the more joyful they get. Be that as it may, as the adage goes, equity will constantly win, regardless of how long it requires.
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