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BARCLAYS (GH) LIMITED V. GENERAL DEVELOPMENT CO

(2004) JELR 67409 (CA)

Court of Appeal  •  CIVIL APPEAL CA 17/2003  •  21 Jan 2004  •  Ghana

Coram
OMARI-SASU JA, OWUSU-ANSAH JA, OSEI JA

Judgement

OWUSU-ANSAH, JA

The defendant/Appellant allegedly defaulted in the payment of facilities granted to it, by the Plaintiff/Respondent, despite repeated demands, and the Defendant/Appellants own numerous promises to repay the facilities.

By 8th March 2002, the Defendants/Appellants total indebtedness to the Plaintiff/Respondent under various facilities stood at ¢5,154,243,371.48

On the 21st March 2002, the Plaintiff/Respondent commenced action in the High Court Sekondi, in suit No. CS 69/2002 for the following reliefs:

1. The recovery of the sum of ¢5,154,243,371.48 being the balance due and owing on Banking facilities granted to the Defendant at its request and which it had failed to pay, and/or refused to pay despite repeated demands.

2. Interest on the said sum of ¢5,154,243,371.48 at the prevailing Bank rate from the 8th March, 2002, up to and including the date of final payment.

OR in the alternative

An order for the judicial sale of

All the assets of the Defendant as described in the Deben…

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