FIDELITY BANK GHANA
V.
SAMETRO COMPANY LIMITED & 2 ORS.

(2019) JELR 63666 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO: H1/80/2018 ·  27 Feb 2019 ·  Ghana
CORAM
IRENE CHARITY LARBI MRS. J.A (PRESIDING), L. L. MENSAH (J.A), ANGELINA M. DOMAKYAAREH MRS.( J.A)
Core Terms Beta
plaintiff
defendants
summary judgment
bank guarantee
defendant
ghana cedis
overdraft facility
high court judge
statement of claim
high court
decision of the high court
financial records
following reliefs
immediate repayment of an amount
mtn airtime
repayment of the said facilities
scheme of predatory financing
support of the credit facilities
true state of the relationship
value of the bank guarantee
appellant’s counsel
balance of the overdraft facility
bank of ghana
case of the plaintiff
counsel file
financial arrangements of the plaintiff
forensic audit of the bank statements
grounds of appeal
hearing counsel
interlocutory appeal
issue of bank guarantee
legal principle
main grounds
plot no.5
ruling of the high court tarkwa
separate contract standing
sole focus
statement of defence
thirty-five ghana cedis twenty-seven pesewas
triable issues

JUDGMENT

Irene Charity Larbi (Mrs) J.A

(1) This is an interlocutory appeal from the ruling of the High Court Tarkwa dated 25th April, 2018. In that ruling, the High Court dismissed an application brought by the Plaintiff/ Appellant under Order 14 Rule 1 of C.I.47 praying for summary judgment.

(2) On 27th July, 2017, the Appellant (then the Plaintiff) issued a writ against the Respondents, (then the Defendant’s) for the following reliefs:

“A)An order for the immediate repayment of an amount of

Five Million Ghana Cedis (Gh₡5,000,000.00) being the value of the Bank Guarantee which was called in my MTN on the 25th day of July 2017.

B) Interest at the prevailing commercial rate on the amount

of (Gh₡5,000,000.00) being the value of the Bank Guarantee from the 26th day of July 2017 till date of final payment.

C) An order for the immediate repayment of an amount of

Seven Million, Twenty-Eight Thousand, Six Hundred and Thirty-Five Ghana Cedis Twenty-Seven Pesewas (Gh₡7,028,635.27) being the balance …

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