EXPORT-IMPORTBANK OF US
V.
ESM COMPNAY LTD. AND EBENEZER YAW SARPONG

(2018) JELR 65520 (HC)    
High Court  ·  SUIT NO.CR/BFS/0729/16 ·  29 Mar 2018 ·  Ghana
CORAM
HIS LORDSHIP ERIC KYEI BAFFOUR JUSTICE OF THE HIGH COURT
Core Terms Beta
defendants
applicants
application
counter claim
party
plaintiff
promissory note
suit
bank guarantee
consolidation of suits
duty
ex
fact
guarantee
lender
paragraphs
pleadings
rb international finance
affidavit
arguments
authorities
borrower of the loan
civil procedure
co-defendant
disbursement of the loan
doomed fate of an application
extent of the promissory note
gravamen of the application
high court
independent legal advice
issues
laws
loan
loans
major components
master guarantee agreement
new machines
perfect ground
plaintiff’s role
promissory notes
repayment of the loans
rule
rules
samuel quansah ansah
second hand machines
support of his application
support of the application
terms of order

It is not in dispute that 1st Defendant contracted a loan of $2,314,497 from the RB International Finance (USA) (RBIF) to finance importation of equipment for its business. From the pleadings it seems Plaintiff’s role was to provide a guarantee and a promissory note for the approval and disbursement of the loan which were contained in a Master Guarantee Agreement which Defendants claim they are not party to.

Plaintiff alleging a default in the repayment of the loans and having been called upon by RBIF to repay the loans to the extent of the promissory note and the guarantee provided have sued the Defendants. Forecasting the doomed fate of an application to join RBIF to the suit as a Co-Defendant, the Defendants withdrew the motion for joinder only to file this application for leave to amend its statement of defence and add a counter claim against RBIF.

The gravamen of the application to include a counter claim can be found in paragraphs 5 and 6 of the affidavit deposed to by Samuel Quan…

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