NTHC LIMITED
V.
EAST DADEKOTOPON DEVELOPMENT TRUST AND 3 ORS.

(2010) JELR 63652 (CA)    
Court of Appeal  ·  CIVIL APPEAL SUIT NO: H1/216/06 ·  21 Oct 2010 ·  Ghana
CORAM
MARIAMA OWUSU J.A. (PRESIDING), YAW-APPAU J.A., MARFUL-SAU J.A.
Core Terms Beta
plaintiff
respondents
4th defendants
joint venture agreement
appeal
1st defendant
favor of the plaintiff
learned trial judge
fiduciary duties
grounds of appeal
counter claim
financial services agreement
joint venture company
loan agreement
plots of land
cross-appellants
joint venture ship
payment of the loan
plaintiff’s equity contribution
1st respondent
additional grounds
basis of the personal guarantees
corporate financial adviser
court of appeal
decision of the court
defendants counter claim
different case
exhibit a
issue of breach
such additional grounds of appeal
2nd-4th respondents
3rd defendant
appeal of the appellant
circumstances of this case
delivery of the said services
due date of payment of the loan
evidence of the defendants
exhibits j
fast track high court
following terms
head of the legal department of nthc ltd
nature of defendants claim
payment of the amount land ie
pay teshie stool
plaintiff’s relief
said claim
sale of the land
simple reason
terms of exhibit a. counsel

JUDGMENT

BY COURT; JUDGMENT

On the 27-4-05, the Fast Track High Court, Accra, gave judgment for the plaintiff in the following terms;

"Reading sections 2.1.3, 2.1.4 and 2.1.6 together with 7.1.2 and 7.1.3 which deals with effective of default, it is my view that the parties understood that the loan will be paid from the sale of the land. Indeed to secure payment of the amount land ie 30 unserviced plots of land were identified and mortgaged to the plaintiff. It is my view that plaintiff’s relief which I can grant in the circumstances of this case is for plaintiff to proceed against the 30 unserviced plots mortgaged as security for the payment of the loan and interest thereon. The value of these plots I believe would have hiked since the due date of payment of the loan to take care of any additional interest that might have accrued on the loan."

The defendants counter claim was dismissed as not proved. Cost of Ten million cedis [¢10m] was awarded in favor of the plaintiff.

Dissatisfied wit…

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