CAL BANK LIMITED V. ESDAN OCRAN COMPANY LIMITED & ORS
(2019) JELR 107077 (HC)
High Court
•
GJ/968/2018
•
30 Apr 2019
•
Ghana
Coram
AFIA SERWAH ASARE-BOTWE (MRS.)
Appearances
MR. FELIX NANA OSEI FOR THE PLAINTIFFS PRESENT HOLDING THE BRIEF OF MR. FELIX QUARTEY
MR. CHRIS OSEI YEBOAH FOR THE 1ST AND 2ND DEFENDANTS PRESENT
MR. ZIYERLEY AGBAMBILLA FOR THE 3RD DEFENDANT PRESENT
Judgement
<p> </p><p> </p><p>JUDGMENT </p><p> </p><p>This case commenced with the issuance of a writ of summons and statement of claim on the 21st of June, 2018 with the Plaintiff claiming the following reliefs; </p><p>1. Recovery of the sum of GH¢3,769,482.24. </p><p> </p><p>2. Interest on the said sum at the rate of 32.5% from January, 2017 to date of final payment. </p><p> </p><p>3. Cost. </p><p> </p><p>THE CASES OF THE PARTIES </p><p> </p><p>THE PLAINTIFF </p><p> </p><p>The claim of the plaintiff is that per a facility agreement dated 1st September, 2016, the 1st Defendant was granted an overdraft of GH¢200,000.00. </p><p> </p><p>The plaintiff alleges further that, in addition to the overdraft facility of 1st September, 2016, the plaintiff subsequently granted various excess facilities to the 1st Defendant amounting to GH¢1,700,000.00 and that per a facility agreement between the Plaintiff and the 1st Defendant dated 25th November, 2016, the Plaintiff alleges that the applicable interest rate of the facilities is 32.5% per annum. </p><p> </p><p>It is also the case of the Plaintiff that the 1st defendant was caused to secur…</p>