Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



GHANA COMMERCIAL BANK LTD
V.
NAOS HOLDINGS LTD

(1999) JELR 69522 (CA)    
Court of Appeal  ·  13 May 1999 ·  Ghana
 · 
Other Citations
[1999-2000] 1 GLR 485
CORAM
FORSTER JA,AFREH JA,BENIN JA

Ratio Decidendi

Core Terms Beta
defendants
trial court
plaintiffs
court
facts
promissory notes
due course
parties
sabat motors
way of an originating summons
ln 140a
question
sabat motors ltd
high court
issuance of the promissory notes
supreme court
total lack of consideration
abuse of the process of the court
claremont group ltd
contention of counsel
court’s construction
documentary evidence
eaglet corporation
good faith
mala fides of the plaintiffs
originating process
relevant law
respondent’s instant action
written contract
allegation of mala fides
appropriate procedure
benefit of the respondent
conflicting mass of evidence
determination of any question of construction
favour of a company
flagrant breach of a contract
good faith of the plaintiffs
hearing of the summons
last ground of appeal
law claim
material facts
order of eaglet corporation ltd.
proper case
provisions of order 54a of the high court
question of construction of an instrument
reason of the foregoing
redress of a grievance
serious issues of fact
way of affidavit annexures

JUDGMENT

BENIN JA.

The question raised in the court below was whether the originating process adopted by the plaintiffs in seeking redress of a grievance it had against the defendants was appropriate. The plaintiffs claimed to be the holders in due course of five promissory notes issued by the defendants in favour of a company called Sabat Motors to the order of Eaglet Corporation Ltd. The plaintiffs’ came into the picture apparently because Eaglet Corporation indorsed the promissory notes in their favour, but which were dishonoured by the defendants upon presentation for payment on the due date. The plaintiffs went to the High Court by way of an originating summons seeking what happens to be the court’s construction of these instruments as to whether by them they were entitled to payment with interest at the current bank rate.

The defendants filed an application to strike out this originating process on the grounds that there are several facts in dispute which make the process adopted “…

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