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MERCHANT BANK GHANA LIMITED
V.
NEBERG GHANA LIMITED & 2 ORS

(2011) JELR 86929 (HC)

High Court 20 Jan 2011 Ghana
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- Plaintiff bank granted two credit facilities to 1st Defendant (overdraft and loan), later consolidated and restructured at Defendants’ request due to defaults; Defendants again defaulted, with outstanding liability standing at GH¢139,097.

Case Details

Suit Number:BFS/364/08
Judges:BARBARA ACKAH-YENSU, J
Counsel:COUNSEL ROBERT KINGSLEY YEBOAH FOR THE PLAINTIFF. LADY EILENE ERSKINE FOR THE DEFENDANTS.
Other Citations:[2011] GLR

JUDGMENT

The Plaintiff, per its lawful attorney, has sued the Defendants herein for the following:

1. An order for the repayment of the sum of GH¢139,097.54 being the defendant’s outstanding liability on the facility granted to the Defendants.

2. Interest on the above sum as agreed calculated up to 30/06/08 and to date of final payment.

3. Cost on a full indemnity basis including cost of prosecuting this action.

The Plaintiff’s case is that pursuant to an application for a credit facility by 1st Defendant, Plaintiff granted 1st Defendant two (2) facilities. The first facility was an overdraft of GH¢80,000 approved on 2/3/2005. The second was a loan facility of GH¢50,000.00 approved on 23/5/2005. The Plaintiff’s further case is that 1st Defendant defaulted in the repayment of these facilities and after consistently reneging on its promises to repay the facility, the 1st Defendant wrote to the Plaintiff apologising and requested that the outstanding balances on the two facilities be consolid…

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