JUDGMENT
In the Plaintiff’s substantive relief, he claims against the Defendant, an Order compelling the Bank, to release the deed of discharge on H/No. Plot 5, 1st Avenue, Aboabokese, Atwima-Kwanwoma District, Ashanti to him.
This relief, from the evidence before the Court, is contingent on Exhibit “B”. This Exhibit is Terms of Settlement executed between the parties in
Suit No. BFS/12/2021, entitled:
Amenfiman Rural Bank Ltd
Vs
1. Rev Goddy Enterprise
2. Gloria Poku
In pleading, it was contended by Plaintiff at paragraph 19 of his Statement of Claim that, he fulfilled his obligation under the Terms of Settlement before September, 2023.
The basis for Plaintiff stating that, he fulfilled his obligation under Exhibit “B”, the Terms of Settlement was pleaded in paragraphs 17 and 18 of the Statement of Claim as follows:
“17. The Plaintiff states that on 5th July 2023, he received a message from the Senior Credit Officer of the Defendant (Felix Barfo) which state…