SOCIETE GENERALE, GHANA LTD.
V.
M.K.AWI ENTERPRISE LTD AND FRANCIS MAWUNYO AWI

(2018) JELR 69620 (HC)    
High Court  ·  SUIT NO. E2/68/2015 ·  3 Jul 2018 ·  Ghana
CORAM
ERIC BAAH JUSTICE OF THE HIGH COURT
Core Terms Beta
defendants
plaintiff
1st defendant
2nd defendant
court
report
restructured loan
outstanding balance
exhibit ce1
witness statement
1s' defendant
audit firm
audit report
cross-examination
financial difficulty
plaintiff's witness
sums of gh
witness
1st january
2nd defendants
accrued interests
business dictionary
chartered accountant
conclusions of a court expert
court orders
credit balance of gh
current accounts
defendants' witness
est factum
following issues
formal agreement
hard time
high office
intelysis audit company
judicial sale of the 2nd defendant
landed property
loan repayments
plaintiff claims
prevailing bank rate
probative value
proper order
report of his firm
restructured loan facility
restructured loan of gh
said gh
said grant
said restructured loan
statement of claim

A. INTRODUCTION

Per its writ of summons dated 20 February 2015, the plaintiff claims against the defendants jointly and severally for:

i. GH¢47,719.00 being the outstanding balance and accrued interest as at 31 December 2014 on banking facilities granted to the 1s' defendant by the plaintiff.

ii. Interest at the prevailing bank rate on the said GH¢47,719.00 from 1st January 2015 until date of final judgment.

iii. An order for the judicial sale of the 2nd defendant's property situated in and known as #B8, Ho-Bankoe, charged to the plaintiff by the 2nd defendants; and

iv. Further or other relief.

The plaintiff and the defendants each called a witness. The plaintiff's witness was Eric Kuotey who relied on his witness statement filed on 29 June, 2015. He testified on 1 February 2018. Defendants' witness was Francis Mawunyo Awi (2nd defendant) who testified on 24 May, 2018 by relying on his witness statement filed for defendants on 21 July, 2015.

On 28 April, 2016 Intelysis audit company was appo…

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