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NATIONAL INVESTMENT BANK
V.
FRANDESCO WEST AFRICA LTD & 3 ORS

(2019) JELR 67209 (CA)

Court of Appeal 17 Jan 2019 Ghana
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- This case is an appeal against a judgment of the High Court in Accra where the plaintiff's application for summary judgment was granted. - The plaintiff claimed recovery of an outstanding balance of overdraft facilities granted to the def

Case Details

Suit Number:CIVIL APPEAL SUIT NO: H1/119/17
Judges:P. K. GYAESAYOR JA (PRESIDING), C. J. HONYENUGA JA, BARBARA, ACKAH-YENSU JA
Counsel:ERIC AHIEKU FOR THE RESPONDENTS,CHRIS OSEI YEBOAH FOR DEFENDANTS/APPELLANTS

JUDGMENT

BARBARA ACKAH-YENSU, JA

This appeal is against the judgment of the High Court (General Jurisdiction), Accra dated 16th February, 2015 wherein the Plaintiff/ Respondent’s application for summary judgment was granted.

In the High Court, the Plaintiff/Respondent (hereinafter referred to simply as “the Respondent”) claimed against the Defendants/Appellants (also simply referred to hereinafter as “the Appellants”) jointly and severally, the following reliefs:

“(a). Recovery of Gh¢15,297,331-16 being the outstanding

balance of overdraft facilities granted the Defendants by the Plaintiff.

(b). Interest on the said Gh¢15,297,331.16 from 31st

December, 2013 up to the date of final payment.

(c). Costs.

IN THE ALTERNATIVE:

(d). An order for the judicial sale of the following properties:

i. A residential property designated as property No.6 Cocoa Street, Teshie Nungua Estate.

ii. A commercial property designated as Plot No. 56, Tema Motorway Industrial Area (Premises of D&C Industries Limited…

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