NDK FINANCIAL SERVICES LTD.
V.
CLICK GLOBAL LIMITED, DR. ISAAC F. AMPOFO AND GHANA COCOA BOARD

(2015) JELR 63796 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO. H1/55/2015 ·  4 Jun 2015 ·  Ghana
CORAM
MARFUL-SAU JA (PRESIDING), ADUAMA OSEI JA, MENSAH JA
Core Terms Beta
appellant
respondent
1st defendant
exhibit g
counsel
exhibits g
exhibits
exclusion clause
trial court
exhibit
exhibit h
learned judge
2nd defendants
3rd defendant
legal action
contractual relationship
credit facility
exhibit c
exhibit b
loan agreement
exhibit a.
following words
general context of the transaction
joint names of the appellant
six united states dollars
statement of claim
alleged misrepresentation
amount of the 1st defendant
commercial division of the high court
construction of the said exhibits
contents of exhibit g. counsel
cross-examination of the respondent
dated 27th may
effect payment of the said debt
execution of exhibit c
exhibit g shows
future relationship
internet connectivity services agreement
lord denning
main issues
notham vs. london borough of barnet
ordinary meaning
payment of the said sum
respondent payment of the sum of gh
said date
said documents
said sum of gh
time exhibits

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…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login