TRUSTY FOODS LTD
V.
BANK OF AFRICA

(2015) JELR 107663 (HC)    
High Court  ·  SUIT NO: RPC/283/12 ·  23 Oct 2015 ·  Ghana
CORAM
HER LADYSHIP NOVISI AFUA ARYENE (MRS.)
Core Terms Beta
plaintiff
1st defendant
2nd defendant
letter
evidence
agreement
3rd defendant
exhibit
hectors of land
exhibit c
land preparation
law
8th august
above subject matter
exhibit a
exhibit b
loan of ghc700,000
value of the completed job
2nd may
4th november
contract employer
date of final payment
date of the letter
due date of payment of the loan
evidence exhibit b
evidence shows
existing contract
farm land
fishermen award winners association of ghana
following reliefs
furtherance of plaintiff
irrevocable guarantee
justice novisi afua aryene
justice of the high court
kindly feel
managing director
national farmers
officials of the bank
paget’s law
plaintiffs’ representative
plaintiff’s tomato
prevailing commercial bank rate
purchase agreement
service providers
supply of tomatoes
thrust of plaintiff

JUDGMENT 

By an agreement dated 2nd May 2008, plaintiff entered into an agreement with National Farmers  and Fishermen Award Winners Association of Ghana (hereinafter referred to as NFFAWAG)  under which the latter undertook to cultivate 5,000 hectors of land for the supply of tomatoes for  plaintiff’s tomato processing factory.  

In furtherance of the agreement, NFFAWAG contracted 2nd defendant (whose Managing  Director is 3rd defendant,) to undertake land preparation for the project. The cost of preparing the  land as agreed between 2nd defendant and NFFAWAG was Ghc1 million, which was to be borne by plaintiff (the contract employer). In furtherance of plaintiff’s obligations under the agreement, 

2nd defendant applied for and was granted a loan of Ghc700,000 by 1st defendant to finance the  preparation of the 5,000 hectors of land for the project, (having prior to that raised the sum of Ghc300,000 on her own). Plaintiff gave an irrevocable guarantee for the loan. On completion of  …

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