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BARCLAYS BANK OF GHANA LTD.
V.
LARTEY AND OTHERS

(1978) JELR 86172 (HC)

High Court 17 Jan 1978 Ghana
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- The deceased, Emmanuel Kotoku Lartey, operated a business known as Scientific Commercial Art Services ("Scarts"), registered under the Registration of Business Names Act, 1962 (Act 151), and took out several loans and overdrafts from the

Case Details

Judges:EDWARD WIREDU J.
Counsel:Puplampu for the plaintiffs. Hansen for the defendants.
Location:Accra
Other Citations:[1978] GLR 282-289

JUDGEMENT OF EDWARD WIREDU J.

The defendants are the administrators of the estate of one Emmanuel Kotoku Lartey (deceased) late of Abossey Okai, who died intestate in Accra on or about 25 November During his lifetime the deceased operated accounts with the plaintiff bank in the name of his business. This business was registered and styled as Scientific Commercial Art Services (Scarts) under the Registration of Business Names Act, 1962 (Act 151).

The facts are not clear as to the nature of the business of Scarts but the undisputed facts show that various sums of moneys made up of loans and overdrafts were advanced to the deceased for the operation of his business. These loans and overdrafts were all taken in the name of Scarts. The plaintiff bank held as securities for these moneys an endowment policy of ¢10,000 over the life of the deceased and a landed property situate in Accra on the Nsawam-Avenor road under a deed of mortgage. At the time of his death the accounts operated by the dec…

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