CAL BANK LIMITED
V.
GEORGE AYISI BOATING, JACOB ADDAE AND ALEX OWUSU ABABIO

(2017) JELR 69739 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO: H1/43/2016 ·  17 Jan 2017 ·  Ghana
CORAM
AYEBI J.A. (PRESIDING), TORKORNOO (MRS) J. A, DOMAKYAAREH (MRS) J. A.
Core Terms Beta
respondent
terms of settlement
application
plaintiff
order
interest
consent judgment
judgment debt
discretionary power
honourable court
supreme court
trial judge
appellate court
plot no.
recovery of the sum of gh
above terms
appellant bank
commercial division of the high court
current account
date of final payment
discretionary jurisdiction
exceptional cases
exceptional circumstances
exercise of a court
exercise of a trial court
exercise of the discretionary power
fundamental pillars of the law of contract
guarantor of the debt
hearing of the proceedings
judicial authority
judicial sale of properties
loan facilities
lump sum
monthly instalments of gh
profit margins
public policy
relevant case law
repayment of the said loan
rules of court
salient factor of fact
schedule of payment of ghs4000
settled principles
specific cause
submissions of counsel
tetteh akuffo
trial court
trial settlement conference

TORKORNOO (MRS), J.A.: The Plaintiff/Appellant bank is the creditor of the 1st Defendant/Respondent. The 2nd Defendant/Respondent is the guarantor of the debt. When the Respondents failed to honour the debt owed by 1st Respondent, the Appellant sued the Respondents with the following claims.

a. Recovery of the sum of GH¢418,764.43 being the loan facilities granted by the Plaintiff to the 1st Defendant together with interest thereon, as of 13th September, 2013 the repayment of which the 2nd and 3rd Defendants guaranteed.

b. Recovery of the sum of GH¢44,363.44 being the over withdrawn Current Account which the Plaintiff made available to the 1st Defendant but which the Defendant has since refused and or failed to pay back to the Plaintiff despite repeated demands.

c. Interest on the aforementioned reliefs (a) and (b) above at the prevailing bank rate from 13th September, 2013 till date of final payment.

Or in the alternative

d. An order for the judicial sale of properties on Plot No. 5 Block…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login