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BARCLAYS BANK GHANA LIMITED
V.
AKUAFO ADAMFO MARKETING CO. LTD AND OTHERS

(2018) JELR 66110 (HC)

High Court 16 Apr 2018 Ghana
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- The plaintiff provided various facilities to the first defendant in 2014, guaranteed by the second to fifth defendants, for the purpose of purchasing cocoa beans. - The first defendant was unable to repay the amount with interest at the e

Case Details

Suit Number:SUIT NO. CM/0049/16
Judges:GEORGE K. KOOMSON JUSTICE OF THE COMMERCIAL COURT
Counsel:MAXWELL LOGAN (WITH SIKA AGGREY) FOR THE PLAINTIFF/APPLICANT; KOJO ASARE BOATENG FOR SAMUEL CODJOE FOR THE DEFENDANTS/RESPONDENTS.

KOOMSON, J.

A brief summary of the facts in this case is that the 1st Defendant obtained various forms of facilities from the Plaintiff in 2014. These facilities were guaranteed by 2nd to 5th Defendants. The purpose of these facilities was to enable 1st Defendant purchase cocoa beans in the 2014/2015 cocoa crop season. At the expiration of the facility term, the 1st Defendant was unable to repay the amount granted to it with interest. The Plaintiff therefore issued the present action to recover all outstanding balance from the Defendants. The case was referred to me for pre-trial settlement. I must say that settlement broke down and the Court settled the issues on the 19th May 2016. Contrary to the practice at the Commercial Court, applications were put before me, though I was the pre-trial Judge. None of the parties objected to this.

Consequently, the Court heard these applications. One of such application is the instant one which the Plaintiff is seeking an order to enter judgment on …

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