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HAJAARA FARMS LTD
V.
SOCIETE GENERALE- SOCIAL AND SECURITY BANK

(2012) JELR 66338 (SC)

Supreme Court 25 Jan 2012 Ghana
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- The case involves a farming company that sued a bank for wrongful detention and disposal of tractors that were financed through a loan agreement. The bank counterclaimed for the company's outstanding debt. - The High Court ruled in favor

Case Details

Suit Number:CIVIL APPEAL NO. J4/25/2011
Judges:ATUGUBA AG. CJ (PRESIDING), DATE- BAH JSC, ANSAH JSC, BONNIE JSC, AKOTO BAMFO (MRS.) JSC
Counsel:L.N.S. AKUETTEH (WITH HIM PAUL DEKYI) FOR THE APPELLANT; NII AKWEI BRUCE-THOMPSON FOR THE RESPONDENT.

JUDGMENT

DR. DATE-BAH JSC

The key facts in this appeal are that a farming company (the plaintiff/respondent/respondent) entered into a loan agreement with a bank (the defendant/appellant/appellant) to finance the importation of 10 tractors from France. On their arrival in Ghana, the farming company took delivery and custody of the tractors. Dissatisfied with this, the bank seized the tractors and put them in its warehouse. It released 5 of the tractors to the company only after new terms had been agreed between them. The remaining five remained in the bank’s custody until they were ultimately sold by the bank. The bank claimed to be exercising rights under the original loan agreement that it had concluded with the farming company. But this agreement was never put in evidence at the trial. Eventually, the five tractors released to the company were also seized by the bank and sold.

The farming company brought this action in 1993, claiming:

a) “that an account be taken of the proceeds obtain…

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