FIRST NATIONAL SAVINGS & LOANS COMPANY LIMITED
V.
PRUDENT EXPORT LIMITED

(2017) JELR 65339 (HC)    
High Court  ·  SUIT NO: AB/18/2012 ·  18 Aug 2017 ·  Ghana
CORAM
JUSTICE KWEKU T. ACKAAH-BOAFO
Core Terms Beta
plaintiff claims
plaintiff's evidence
case of the plaintiff
breach of the loan agreement
plaintiff’s claim
following issues
defendant
outstanding loan balance of facility
date of final payment
pleading of the plaintiff
case of the defendant
court’s opinion
plaintiff’s further pleading
court finds
said agreement
court
loan agreement
duty of a plaintiff
supreme court
general position of the law
given case
defendant’s farming
united states dollars
burden of persuasion
farmer based loan
writ of summons
plaintiff
expiry date
mr. samuel evans
defendant's evidence
following reliefs
written contract
statement of defence
first tranche
export business
pfi grants
plaintiff bank
terms of the agreement
general manager
conduct of the defendant
wood jsc
instant action
witness statement
summary judgment
1st may
determination of issues
second tranche
full outstanding amount
total debt

Introduction

[1] By a writ of summons filed on the 28th October, 2011 the Plaintiff claims against the Defendant the following reliefs:

a. A Declaration that the Defendant is in breach of the Loan Agreement dated 1st May, 2009

b. Recovery of the sum of (GH₵ 1,090,033.33) being the outstanding loan balance of facility granted to the Defendant pursuant to Loan Agreement dated 1st May, 2009 which the Defendant has failed and or refused to pay;

c. Interest on the sum of GH₵ 1,090,033.33 at the contractual rate of interest from 14th October, 2011 till date of final payment, or in the alternative.

d. An order for judicial sale of machinery, equipment and plants purchased by Defendant with funds from the facility

e. Cost

f. Any other legal or equitable relief.

[2] An appearance was entered and a Statement of Defence was filed by the Defendant after the service of the Writ and Statement and same was later amended on August 18, 2016. The Plaintiff filed a reply to respond to the defence filed.

Plaintif…

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