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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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