BANK OF AFRICA
V.
FESTUS ASARE YEBOAH

(2018) JELR 65367 (HC)    
High Court  ·  SUIT NO. BFS 47/2017 ·  19 Jun 2018 ·  Ghana
CORAM
DR. RICHMOND OSEI-HWERE JUSTICE OF THE HIGH COURT
Core Terms Beta
general damages
annum
law
plaintiff
defendant
evidence
favour of the plaintiff
court
estimate of the loss
judgment
parties
prosecution of this case
supreme court
writ of summons
assessment of damages
basic principle
breach of the financial facility agreement
court charges
defendant’s failure
evidence of specific damages
exhibit a
exhibit a.
exhibit e
facility
final judgment
further interest
ghc
honourable court
interest rate
interlocutory judgment
legal fees
men of full age
mere negligence
outstanding sum
overdraft facility agreement
party of full age
penal charges
plaintiff claim
plaintiff representative
plaintiff’s solicitors
quantifiable loss
recovery of the outstanding sum
recovery of the principal sum of ghc73,881.62
repayment terms
result of the breach
service invoice of the legal fees
sum total of the court charges
various agreed interest
written document

JUDGMENT

By a writ of summons, plaintiff claim against the defendant the following reliefs:

a. A declaration that the Defendant’s failure, neglect and or refusal to honour the repayment terms on the facility granted him constitutes a breach of the financial facility agreement\contract between the Defendant and Plaintiff.

b. An order for the recovery of the outstanding sum of Seventy-Three thousand eight hundred and eighty onecedis and sixty two pesewas (GHC 73,881.62) together with the various agreed interest(s) and penalties to be assessed on any outstanding sum unpaid per each month of default till date of final payment.

c. Further interest and penal charges, if any, as agreed by the parties from the date of default till the date of final payment.

d. General damages for breach of contract.

e. Cost (including legal fees).

f. Any other reliefs deemed appropriate by the Honourable Court.

On 14th June, 2017 the court entered interlocutory judgment in favour of the Plaintiff for recovery of the …

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