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CAL BANK LIMITED V. GEORGE AYISI BOATING, JACOB ADDAE AND ALEX OWUSU ABABIO

(2017) JELR 69739 (CA)

Court of Appeal  •  CIVIL APPEAL NO: H1/43/2016  •  17 Jan 2017  •  Ghana

Coram
AYEBI J.A. (PRESIDING), TORKORNOO (MRS) J. A, DOMAKYAAREH (MRS) J. A.

Judgement

TORKORNOO (MRS), J.A.: The Plaintiff/Appellant bank is the creditor of the 1st Defendant/Respondent. The 2nd Defendant/Respondent is the guarantor of the debt. When the Respondents failed to honour the debt owed by 1st Respondent, the Appellant sued the Respondents with the following claims.

a. Recovery of the sum of GH¢418,764.43 being the loan facilities granted by the Plaintiff to the 1st Defendant together with interest thereon, as of 13th September, 2013 the repayment of which the 2nd and 3rd Defendants guaranteed.

b. Recovery of the sum of GH¢44,363.44 being the over withdrawn Current Account which the Plaintiff made available to the 1st Defendant but which the Defendant has since refused and or failed to pay back to the Plaintiff despite repeated demands.

c. Interest on the aforementioned reliefs (a) and (b) above at the prevailing bank rate from 13th September, 2013 till date of final payment.

Or in the alternative

d. An order for the judicial sale of properties on Plot No. 5 Block…

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