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AGRICULTURAL DEVELOPMENT BANK
V.
D&K EVERFRESH FOODS GH. LTD. & 2 ORS.

(2025) JELR 113131 (HC)

High Court 24 Feb 2025 Ghana
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- Summary judgment was granted against the 1st and 2nd Defendants for GH¢953,881.27 (plus interest at 30.47% p.a. and costs), as principal debtor and guarantor on an overdraft facility. - The Court refused to allow judicial sale of the 3rd

Case Details

Suit Number:CM/BFS/0609/2021
Judges:MAVIS AKUAH ANDO (MRS), J
Counsel:JOSEPH OPOKU BOATENG APPEARS THE PLAINTIFF. COUNSEL FOR 3RD DEFENDANT ABSENT.
Location:Accra

JUDGEMENT

On 19th May 2021, the Plaintiff sued the Defendants jointly and severally for the recovery of the following reliefs;

  1. An order for the payment of GHS953, 881.27 being the total outstanding balance of the credit overdraft facility as at 12th April 2021, granted by the Plaintiff to the 1st Defendant, guaranteed by the 2nd Defendant and further secured by a Mortgage over two plots of land, noted as parcel Nos. 1041& 1042, Block 20 Section 114, La- Bawaleshie, East Legon upon Land Certificate GA 7220 Vol. 53 Folio 176.

  1. Interest on the said amount of GHS953.881.27 at the agreed rate of 30.47% from the 13th of April 2021 up to the date of final payment.

  1. Alternatively, an order for the judicial sale of two plots of land with buildings thereon noted as parcel Nos. 1041& 1042, Block 20 Section 114, La- Bawaleshie, East Legon, upon Land Certificate GA 7220 Vol. 53 Folio 176 the property of the 3rd Defendant.

  1. Cost.

BRIEF FACTS

The Plaintiff is a Financial Institution licensed by the Bank of Gh…

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