Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



FIRST ATLANTIC BANK
V.
MR. FRANCIS KWAKU FRIMPONG & ANOTHER

(2013) JELR 63670 (HC)    
High Court  ·  SUIT NO.BFS/61/13 ·  20 Oct 2013 ·  Ghana
CORAM
ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT

Ratio Decidendi

Core Terms Beta
court
plaintiff bank
evidence
est factum
exhibit c
defendants
plaintiff’s representative
statutory declaration
cross-examination
exhibit b
exhibits b
legal mortgage
bet link esco enterprise
default judgment
house of lords
mortgage deed
nephew’s friend
statement of defence
agreed interest
burden of persuasion
contents of exhibit c
contents of exhibit g
credible shows
default of appearance
different person
evidence act
face of this document
final judgment
house number
kpegah ja
legal effect of a literate person
mortgage document
mrs. betty kyei asante
osei hwere j
plaintiff claims
portions of documents
recent cases
requisite documents
respect of a loan facility of gh
said betty kyei asante
said isaac opoku danso
use of the lease
written agreement
written document

JUDGMENT

MENSAH-HOMIAH (MRS.) J.

The 2nd Defendant herein has been sued as a guarantor and mortgagor in respect of a loan facility of GH¢50,000.00 extended to the 1st Defendant by the Plaintiff Bank which remains unpaid even though a final judgment in default of appearance has been taken against the 1st Defendant. The Plaintiff claims that the Defendants have failed to pay the outstanding balance of GH¢79,876.18 together with the agreed interest of 32% per annum plus 3.5% per annum as penalty interest on unpaid balances.

On his part, the 2nd Defendant denied having any dealing with the Plaintiff Bank. He alleged in his statement of defence that he gave out his lease to one Isaac Opoku Danso who needed a collateral security for a loan. Later, the said Isaac Opoku Danso allegedly led Mrs. Betty Kyei Asante to him and rather requested that the lease be offered to this lady to secure a loan from the 1st Defendant. The 2nd Defendant further averred that he executed a memorandum of agreement w…

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