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GHANA CO-OPERATIVE BANK LTD.
V.
MANKOADZE FISHERIES LTD. AND ANOTHER

(1989) JELR 64138 (HC)

High Court 13 Feb 1989 Ghana
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- The plaintiffs are seeking summary judgment under Order 14 of the High Court (Civil Procedure) Rules, 1954. - The plaintiffs are claiming a balance of an overdraft facility and interest from the defendants. - The defendants argue that the

Case Details

Judges:ASARE KORANG J.
Counsel:ASARE DARKO (FOR A. B. SAM) FOR THE PLAINTIFFS; MRS. CELESTINE KRAHENE-WILLIAMS FOR THE DEFENDANTS.
Other Citations:[1992] 1 GLR 130

ASARE KORANG J.

This is an application by the plaintiffs for summary judgment under Order 14 of the High Court (Civil Procedure) Rules, 1954 (L.N. 140A) as substituted by the Schedule to the High Court (Civil Procedure) (Amendment) (No. 2) Rules, 1977 (L.I. 1129).

The plaintiffs commenced this action by a specially indorsed writ claiming against the defendants jointly and severally the sum of ¢47,587,349.27 being the balance of an overdraft facility they granted to the defendants and interest on the said sum.

To their summons for judgment the plaintiffs annexed a statement of account marked exhibit A standing in the name of Mankoadze Fisheries Ltd., the first defendants herein. The plaintiffs stressed that the defendants have no defence to the action as they justly and truly owed the plaintiffs the sum claimed.

Opposing the application, Mrs Krahene-Williams for the defendants contended that Order 14 of L.I. 1129 required that a statement of claim must accompany the writ of summons and th…

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