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GHANA COMMERCIAL BANK
V.
DAKMAK RASHWAN CHEMICAL INDUSTRY & 6 ORS.

(2007) JELR 65874 (CA)

Court of Appeal 26 Oct 2007 Ghana
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- The case involves a corporate body in Ghana suing for the recovery of an unpaid debt. - The defendants admitted to the grant of the facility but denied the debt, claiming it had been settled through negotiations. - The plaintiffs filed a

Case Details

Suit Number:CIVIL APPEAL NO.: H1/155/2007
Judges:QUAYE JA [PRESIDING], MARIAMA OWUSU JA, DUOSE JA
Counsel:MR. BENJAMIN OSEI TUTU FOR YONNI KULENDI FOR DEFENDANT/APPELLANT, MR. G.A. SARPONG FOR THE PLAINTIFF/RESPONDENT

QUAYE, JA:

In the cause that is still pending final determination in the trial High Court (Fast Track) the plaintiff/respondents, who are a corporate body, established under the laws of Ghana to engage in the banking business, commenced the action by writ of summons on 5th April 2005, for the recovery of ¢18,033.477,450.14 which they alleged was the outstanding unpaid amount including interest on a 120 days deferred letter of credit facility of US$1,000,000.00 they granted the 1st Defendant/appellant on 27th February 1998. The facility was valid for 24 months, with a condition for review at six months intervals. The said facility was secured by the 1st Defendant/appellant with a landed property better described as Plot No. 56 Ring Road North Industrial Area, Accra belonging to the 2nd defendant/appellant. In addition the 3rd, 4th, 5th, 6th and 7th defendants/appellants executed a joint guarantee for the facility. On the due date the 1st Defendant/appellant failed to liquidate their ind…

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