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BARCLAYS BANK (GHANA) LTD. v. SAKARI

JELR 81372 (SC)

Supreme Court  •   •  Ghana

Coram
CHARLES HAYFRON-BENJAMIN, KPEGAH, ACQUAH, ATUGUBA AND AKUFFO JJSC

Judgement

ACQUAH JSC (Delivered the first judgment at the invitation of Charles Hayfron-Benjamin JSC.)

This is an appeal against the majority decision of the Court of Appeal affirming, with some variations, the judgment of the High Court, Tamale in an action by the Barclays Bank (Ghana) Ltd against the defendant for the sum of ¢21,663,153.59 together with 30 per cent interest from 10 August 1989 to the date of judgment or payment. The case of the bank is that at the request of the defendant, then a good customer of theirs, they extended loan facilities to him in 1981 and that as at 10 August 1989, the outstanding balance on the loan together with interest stood at:

Farm No A/C ¢5,675,000.91

Loan A/C No I ¢6,982,113.20

Food Supply A/C ¢9,006,039.48

They allege that after repeated demands the defendant had not settled these debts. Hence the writ.

In his amended statement of defence and counterclaim, the defendant admitted requesting and being granted the sum of ¢2,145,420 to purchase two Merc…

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