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OSEI YAW ANNING
V.
STANBIC BANK GHANA LTD.

(2019) JELR 67468 (SC)

Supreme Court 30 Jan 2019 Ghana
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- Supreme Court affirmed that a judgment of a court of competent jurisdiction can only be impeached for fraud if fraud is specifically pleaded and strictly proved; mere allegations unsupported by particulars or new evidence are insufficient

Case Details

Suit Number:CIVIL APPEAL NO. J4/72/2018
Judges:DOTSE JSC (PRESIDING), BAFFOE-BONNIE JSC, BENIN JSC, DORDZIE (MRS) JSC, AMEGATCHER JSC
Counsel:STEPHEN ALEWABA FOR THE PLAINTIFF/RESPONDENT/APPELLANT; DR. POKU ADUSEI FOR THE DEFENDANT/APPELLANT/RESPONDENT

JUDGMENT

DORDZIE (MRS), JSC

FACTS:

The Appellant herein had been the customer of the respondent bank for a number of years and had been a beneficiary of loan and overdraft facilities from the respondent bank since 2006. The appellant at a point in time defaulted in the repayment of the loan facilities. On 4/11/2011 the respondent commenced an action against him for the recovery of:

(a) The sum of Gh¢ 336,186.55 being the outstanding balance as at 30/9/11 on a term loan the appellant obtained from the bank.

(b) The sum of GHc 316,325.65 being the outstanding balance as at 30/9/11 on an overdraft facility granted the appellant by the respondent. The respondent further prayed for interest on the sums claimed at the prevailing bank rate from 30/9/11 till date of judgment. This suit was commenced at the Commercial Division of the High Court, Kumasi and it is numbered BFS 29/2012.

The High Court presided over by Mensa-Homiah J, gave judgment in favour of the respondent for the recovery of the sum…

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