JUDGMENT
ADUAMA OSEI, JA
In this judgment, the Plaintiff/Appellant will be called "the Appellant", while the 3rd Defendant/ Respondent is called "the Respondent". The 1st and 2nd Defendants will continue to be so called.
By a writ of summons issued in the Commercial Division of the High Court, Accra, on the 3rd of December, 2012, the Appellant claimed against the 1st and 2nd Defendants and the Respondent payment of the sum of GH¢401,792.02, plus interest, costs and "any further or other reliefs".
In the statement of claim that accompanied the writ of summons, the Appellant explained that the said sum of GH¢401,792.02 was the amount of the 1st Defendant’s indebtedness to it arising out of a credit facility it had granted to the 1st Defendant under a loan agreement dated the 27th of May, 2011. The 2nd Defendant had been made a party to the action by virtue of a personal guarantee he had executed in relation to the credit facility, and the Respondent had been made a party because, as the App…