Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



ECOBANK GHANA LIMITED
V.
SUN RIDGE COMPANY LTD.

(2021) JELR 108970 (CA)    
Court of Appeal  ·  H1/127/2020 ·  27 May 2021 ·  Ghana
CORAM
WELBOURNE (MRS) J.A. (PRESIDING),WELBOURNE (MRS) J.A., KOOMSON J.A.

Ratio Decidendi

Core Terms Beta
defendant
plaintiff
page
appellate court
trial judge
thirty-one ghana cedis
said restructured loan facility
trial
trial court
favour of the plaintiff
exhibit d
medium term loan
request of the defendant
statement of defence
agreed base rate
agreed spread rate
court action
exhibit h
judicial sale of the commercial property
loan agreement
ninety-three pesewas
statement of claim
weight of the evidence
accepted evidence
assesment of evidence
clear evidence
credit facilities
defendant’s counsel
exhibits f
following grounds of appeal
function of the trial judge
judgment of the high court
per exhibits d
repayment of the facilities
restructuring of the defendant
sole ground
stated reliefs
total outstanding amount
use anticipation of the grant of the facility

JUDGMENT

WELBOURNE, J.A 

This appeal emanates from the judgment of the High court, Accra dated 27th April 2017.

The Background Facts 

The facts are that the Plaintiff took out a writ of summons and statement of claim against  the Defendant on 11th July 2014 for the following reliefs: 

i. The recovery of Three Million, Five Hundred and Fourteen Thousand, Nine  Hundred and Thirty-One Ghana cedis and Ninety-Three pesewas  (GHȼ3,514,931.93) inclusive of interest being the outstanding balance on the  said restructured loan facility granted by the Plaintiff to the Defendant which  is due from the Defendant to the Plaintiff, and which remains unpaid despite  several oral and written demands made to them for same. 

ii. The interest on the amount of Three Million, Five Hundred and Fourteen  Thousand, Nine Hundred and Thirty-One Ghana cedis and Ninety Three  pesewas (GHȼ3,514,931.93) at the agreed base rate plus the agreed spread rate  payable monthly in arrears and default rate before judgment and…

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