Ratio DecidendiRatio Decidendi



ECOBANK GH. LTD
V.
CONFIDENCE LINE LTD. & 2 ORS

(2001) JELR 63474 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO. 174/99 ·  25 Jan 2001 ·  Ghana
CORAM
BENIN J.A. (PRESIDING), ANSAH J.A., GBADEGBE J.A.

Ratio Decidendi

Core Terms Beta
plaintiff
togo
defendant
1st defendant
trial court
account
confidence line
1st defendant's account
2nd defendant
foreign exchange
relevant documents
bags of sugar
shipping documents
suppliers' account
ets confidence line
exhibit e
exhibit e.
said party
transfer of the sum of ffr
bankers of confidence line
central bank of ghana
conditions of this offer letter
contention of counsel
corporate current account
course of the action
credit agreement
credit arrangement
exhibit b.
failure of the defendants
finance sugar import
following terms
irregular all
latest date
managing director of the 1st defendant company
material time
part of larger sums of money
plaintiff’s case
present order
record of proceedings
relevant laws
said bank
satisfactory agreement
sgs's service charges
singular act
terms of this advance
total foreign exchange
way of a counter-claim

JUDGMENT

BENIN, J.A.

The plaintiff is a banking institution incorporated in Ghana. The 1st defendant is a limited liability company registered in Ghana to do business. The 2nd defendant is the Managing Director of the 1st Defendant Company. The co-defendant is the central bank of Ghana. Apart from the co-defendant all the other parties at the trial court are also parties to this appeal. The plaintiff’s case at the trial court was very simple: that the 1st defendant owed it some money arising from its account which it operated with the bank. The facility which the plaintiff granted the 1st defendant and which had resulted in the indebtedness was guaranteed by the 2nd defendant, hence the reliefs sought against the defendants jointly and severally.

In their statement of defence, the defendants raised several queries against the claims by the plaintiffs and went on to charge fraud against the plaintiff, claiming, inter alia, that its account was manipulated by the bank. Several issues were…

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