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AGRICULTURAL DEV. BANK
V.
JOWAK COMMODITIES LTD
V.
JOHN OWUSU AMANKWAH

(2018) JELR 66238 (CA)

Court of Appeal 22 Nov 2018 Ghana
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- The case involves a financial institution (the Respondent) suing a limited liability company (the 1st Appellant) and its Managing Director (the 2nd Appellant) for the recovery of a loan facility. - The Respondent approved a loan facility

Case Details

Suit Number:CIVIL APPEAL SUIT NO: H1/44/18
Judges:K. A. ACQUAYE JA (PRESIDING), BARBARA ACKAH-YENSU JA, TANKO AMADU JA
Counsel:MR. S. K. AMOAH FOR DEFENDANTS/APPELLANTS,MR. FELIX QUARTEY FOR PLAINTIFF/RESPONDENTS
Other Citations:(2018) JELR 107038 (CA)

JUDGMENT

BARBARA ACKAH-YENSU, JA

The Plaintiff/Respondent (hereinafter simply referred to as the Respondent) instituted the action culminating in this appeal, against the Defendants/Appellants (also to be referred to simply as the Appellants). The claim was for:

“1. Recovery of the sum of Gh¢552,486,368.50 being monies owed and due the Plaintiff as financial facility granted the Defendant.

2. Interest on the sum at the agreed rate of 15% per annum from the 30th June 2010 to date of final judgment”.

These are the matters that gave rise to the action at the trial High Court.

The Respondent is a financial institution registered and doing business in Ghana. The 1st Appellant is a limited liability company registered under the laws of Ghana and a customer of the Plaintiff. The 2nd Appellant is the Managing Director of the 1st Appellant-Company. By their Amended Statement of Claim, the Respondent at the request of Appellants approved a loan facility of Gh¢3,000,000.00 on 2nd January, 2010 to 1st…

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