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BANK OF AFRICA
V.
BIG AIDOO CONSTRUCTION CO. AND ANOTHER

(2018) JELR 67403 (HC)

High Court 24 May 2018 Ghana
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- The plaintiff granted the 1st defendant a discounting facility of GH¢52,000.00 in 2009. - The facility was to enable the 1st defendant to continue work on a road project. - The parties agreed on an interest rate and repayment terms. - The

Case Details

Suit Number:SUIT NO. BFS/276/14
Judges:GEORGE K. KOOMSON JUSTICE OF THE HIGH COURT
Counsel:ANDREW APPAU OBENG FOR PLAINTIFF

KOOMSON, J.

In 2009, September 1st, the Plaintiff granted the 1st Defendant a discounting facility of GH¢52,000.00 to enable the 1st Defendant to discount on interim payment certificate No. 3-DFR which was valued GH¢475,876.72 so as to be able to continue some surface dressing of the Asikuma-Badum-Besease Feeder road. The parties agreed to an interest rate as follows:-

“Interest on the facility will be charged at Base Rate (currently at 29.75) plus 4.25% per annum collectible at the end of the period (subject to variation in line with market trends). A default interest rate of 1%. The parties further agreed that the facility was to be repaid in full on or before 21st February, 2010. The 1st and 2nd Defendants executed a joint and several guarantee in favour of the Plaintiff to be liable for the debts of the 1st Defendant. The board of the 1st Defendant Company passed a resolution to approve the facility.

Then on the 18th September, 2009, upon a second request by the 1st Defendant, the Pl…

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