Ratio DecidendiRatio DecidendiRatio Decidendi



HFC BANK (GHANA) LIMITED
V.
GOLDA BARTELS MENSAH

(2021) JELR 109042 (HC)    
High Court  ·  BC/177/2015 ·  3 Feb 2021 ·  Ghana
CORAM
KWEKU T. ACKAAH-BOAFO, J

Ratio Decidendi

Core Terms Beta
defendant
plaintiff
court
action
plaintiff bank
evidence
legal action
plaintiff’s witness
credit facility
ms. adjei
plaintiff’s action
statement of claim
high court
date of disbursement
writ of summons
following day
interest rate
loan agreement
loan facility
plaintiff’s case
right time
written request
additional default interest
attorney general
behalf of the defendant
copy of the said demand letter
copy of the said letter
court’s opinion
cross-examination
current state of evidence
date of final payment
date of issue of the writ
defendant of breach of contract
determination of the court
further denial of paragraph
further evidence of the plaintiff
further testimony of the plaintiff
hfc bank
legal costs
letters of demand
mandatory case management
mr. justice adusa poku cross
offer letter
outstanding debt
said report
service of the writ
statement of claim defendant
such further order
susan adjei

JUDGMENT

ACKAAH-BOAFO, J.

i. Introduction: 

[1] The facts that are not in any serious contention in this suit are that the Plaintiff  granted the Defendant, who trades under the name and style CHARISMA SHOPPING  CENTRE, a loan facility in October 2006 as working capital to augment her business. The  offer letter stated the “tenure” of the loan to be six months from the date of disbursement.  From the pleadings, the Defendant met all the conditions and same was disbursed on  November 10, 2006 and should have paid back the loan by the end of May 2007. The  Defendant defaulted and on December 1, 2014 the Plaintiff issued out a writ of summons  to recover the debt.  

ii. The Action, the Statement of Defence and Issues

[2] By the Amended Writ of Summons the Plaintiff claims against the Defendant as  follows: 

(a) A declaration that the Defendant has breached her obligation under the  agreement entered into with the Plaintiff on 20th October 2006. 

(b) An order for the recovery of GH¢658,938.5…

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