Law library · Sierra Leone · The Banking Act, 2019
Section 87, The Banking Act, 2019
Status not yet checkedThe Banking Act, 2019, Sierra Leone
(1) A person aggrieved with a decision of the Central Bank in respect of the revocation of a licence or any decision relating
to the appointment of an official administrator, receiver or other
resolution measure may file a claim in the High Court within 14 days
of the final decision of the Central Bank.
(2) In any proceedings under subsection (1), the High
Court shall-
(a) take the public interest into consideration
and shall have regard to the critical
importance of-
(i) maintaining financial stability;
(ii) permitting the Central Bank to discharge
its functions in an expeditious and
efficient manner.
(b) focus its enquiry as to whether the defendant
acted in bad faith or in violation of any of
this Act and the plaintiff in each case shall
have the burden of establishing this
standard.
(3) Any action under this Act by the Central Bank or its
officials, the official administrator or receiver that is the subject of
any court proceedings shall be allowed to continue unrestricted
notwithstanding the challenge or appeal before the court.
(4) Where the Court finds that the defendant has acted
in bad faith or in violation of this Act, the court shall be restricted to
monetary compensation to the plaintiff and will be considered as full
redress for the plaintiff in respect of the actions complained of.
PART XII - RECEIVERSHIP AND LIQUIDATION
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