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MERCHANT BANK (GHANA) LTD
V.
GHANA PRIMEWOOD PRODUCTS LTD.

(1989) JELR 69362 (CA)

Court of Appeal 6 Jul 1989 Ghana
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- The plaintiff-bank secured a charge over the fixed assets of the defendant-company through a debenture and mortgage. - The defendant-company failed to pay the debt as agreed upon, leading the plaintiff-bank to bring an originating summons

Case Details

Judges:OSEI-HWERE JA,AMPIAH JA,ESSIEM J.A.
Counsel:S. KWAME TETTEH FOR THE PLAINTIFF-APPELLANT; SEKYI-HUGHES FOR THE DEFENDANT-RESPONDENT.
Other Citations:[1989-90] 2 GLR 671

AMPIAH J.A.

By a debenture dated 8 February 1983 and registered as No. 125/1986 with the Lands Registry, the plaintiff-bank, the appellants in this appeal, secured a charge over the fixed assets (present and future) of the defendant-company, the respondents herein, for the latter’s indebtedness to the plaintiff-bank. On the same date, a deed of mortgage (registered with the Lands Registry as No. 126,1986) was made between the plaintiff-bank and the defendant-company whereby the defendant-company mortgaged their immovable properties described therein to the plaintiff-bank as security for banking facilities extended to the defendant-company. In pursuance of the said debenture and mortgage and other security documentation attached thereto, the plaintiff-bank advanced to the defendant-company overdraft facilities totalling as at 26 September 1986, ¢78,705,838.52 plus a guaranteed facility of Export Credit Guarantee Department (E.C.G.D.) bills in pound sterling of £1.2 million. Under the sa…

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