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HFC BANK (GHANA) LIMITED
V.
GOLDA BARTELS MENSAH

(2021) JELR 109042 (HC)

High Court 3 Feb 2021 Ghana
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- The Plaintiff, a bank, granted a loan to the Defendant, a business owner, in October 2006, which was to be repaid within six months. - The Defendant defaulted on the loan, leading the Plaintiff to issue a writ of summons in December 2014

Case Details

Suit Number:BC/177/2015
Judges:KWEKU T. ACKAAH-BOAFO, J
Counsel:MR. FRANCIS KWESI OTOO FOR THE PLAINTIFF - PRESENT MR. JUSTICE ADUSA POKU FOR THE DEFENDANT – PRESENT

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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