TOTAL (GHANA) LTD
V.
MODERN PETROLEUM LTD AND OTHERS

(2002) JELR 64404 (HC)

High Court 9 Apr 2002 Ghana
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- The case involves a judgment entered against the second defendant, Great African Insurance Co Ltd, in relation to a guarantee bond executed by the second defendant on behalf of the first defendant, Modern Petroleum Ltd. - The second defen

Case Details

Judges:ASARE KORANG J
Counsel:EKOW KORSAH FOR THE CLAIMANT; ADJEI-LARTEY FOR THE DEFENDANT.
Other Citations:[2001-2002] 2 GLR 219

JUDGEMENT

ASARE KORANG J.

On 19 February 1998 judgment was entered on admission under Order 32, r 6 of the High Court (Civil Procedure) Rules, 1954 (LN 140A) against the second defendant, Great African Insurance Co Ltd in consequence of a guarantee bond executed by the second defendant as surety for and on behalf of the first defendant, Modern Petroleum Ltd.

Before entry of judgment, the second defendant had commenced third party proceedings against the first defendant on the basis of an indemnity agreement whereunder the first defendant undertook to indemnify the second defendant against all loss, costs, damages, charges and expenses resulting from the guarantee bond.

The first defendant having made default under the indemnity agreement after the plaintiff had obtained judgment founded on the guarantee bond, the second defendant took out process against the first defendant for the enforcement of the indemnity agreement.

A third party judgment was entered against the first defendant on 12…

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