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FIDELITY BANK LTD
V.
MAGNA TERRIS & 2 ORS.

JELR 111568 (CA)

Court of Appeal Ghana
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- Plaintiff/Respondent (a bank) advanced a revolving short-term loan facility of GH¢850,000.00 to 1st Defendant/Appellant company, with 2nd and 3rd Defendants (directors) executing joint and several guarantees and supplementary mortgages as

Case Details

Suit Number:H1/186/2019
Judges:SENYO DAZAMEFE, JA (PRESIDING) NICHOLAS C. AGBEVOR, JA JENNIFER A. DODOO, JA
Counsel:ESTHER KOOMSON WITH AWURA KONADU KUSI FOR DEFENDANT/APPELLANT; JULIO DEMEDIROS FOR PLAINTIFF/RESPONDENT.
Location:Accra

JUDGMENT

DODOO, JA (MRS):

The Plaintiff/Respondent claimed jointly and severally against the Defendants/Appellants the following reliefs:

(a) Recovery of the sum of GH¢941,211.07 being the outstanding balance as at October, 1, 2014

OR IN THE ALTERNATIVE

(b) The judicial sale of Company’s Office building located at Sakumono, Tema Community 13.

(c) Interest of 37.9% per annum on the sum of GH¢941,211.07 from October 1, 2014 till date of final payment.

(d) Costs of litigation including lawyer’s fees

(e) And any other relief(s) as the court may deem fit.

The Plaintiff/Respondent in their Statement of Claim averred that the 1st Defendant was afforded a revolving short term loan facility of GH¢850,000.00 on May 23, 2011. The 2nd and 3rd Defendants in their capacities as Directors of the 1st Defendant Company gave security for repayment of the facility by executing joint and several guarantees supported by their personal net worth statements; assignment of receivables from sale of the housing units b…

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