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UNI BANK GHANA LTD.
V.
ENVIRONMENTAL, CIVIL & MINING PROJECT LTD. & 4 ORS.

(2016) JELR 64381 (CA)

Court of Appeal 24 Nov 2016 Ghana
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- This case is an appeal from a decision of the High Court. - The High Court held that the defendants did not owe the plaintiff and that the plaintiff failed to prove the debt. - The plaintiff had issued a writ against the defendants for th

Case Details

Suit Number:CIVIL APPEAL NO.H1/221/2015
Judges:P.K. GYAESAYOR J.A (PRESIDING), IRENE CHARITY LARBI (MRS) J.A, AVRIL LOVELACE-JOHNSON J.A
Counsel:NATHAN YANNEY ESQ. (FOR APPELLANT); KWASI AFRIFA ESQ. (FOR RESPONDENTS).

IRENE CHARITY LARBI (MRS.) J.A.

(1) This appeal emanates from the decision of the High Court dated 19th December, 2014. The Court held as follows:-

“From the totality of the evidence on record the court is satisfied that the Defendants do not owe the Plaintiff at all and that the Plaintiff has failed to prove that the Defendants are indebted to it in respect of the loan advanced to the Defendants in the year 2002. Otherwise the action is statute barred. The Plaintiff’s claims are therefore dismissed. Costs of Gh₵5,000.00 for the Defendants against the Plaintiff.

(2) These are the facts of the case:

On 7th February the Plaintiff issued a writ against the Defendants jointly and severally for:

“a) Recovery of the amount of Gh₵1,207,639.53 being the total

amount on a loan facility granted to the Defendant on

28th November 2002 and rescheduled on 18th May, 2009.

b) Interest at the agreed rate of 34.45 per annum on the

indebtedness aforementioned from 9th November, 2010

up till date of final paym…

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