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CHEMITECH LIMITED & MR. MINTAH GYAMPOH V. STANBIC BANK GHANA LIMITED

(2025) JELR 114286 (SC)

Supreme Court  •  CIVIL APPEAL J4/62/2024  •  2 Apr 2025  •  Ghana

Coram
Y. DARKO ASARE, JSC G. PWAMANG, JSC I. O. TANKO AMADU, JSC PROF. H. J. A. N. MENSA – BONSU (MRS.), JSC E. Y. GAEWU, JSC

Appearances
DANIEL SAGU OSEI ESQ. FOR 1ST PLAINTIFF/APPELLANT/APPELLANT RANDAL OBENG – SAKYI ESQ. WITH EMMANUEL BUGYEI ESQ. AND DELALI ATACHIE ESQ. FOR DEFENDANT/RESPONDENT/RESPONDENT

Judgement

JUDGMENT

DARKO ASARE JSC: 

  1. This is an appeal filed against the judgment of the Court of Appeal, Accra dated the 17th of March 2022 which had affirmed an earlier judgment of the High Court Accra. 

  2. For purposes of convenience, the Parties in these proceedings, shall bear the same designation that they bore in the trial court and accordingly the Plaintiff/Appellant herein shall be described as the Plaintiff, whilst the Defendant/Respondent herein as the Defendant. 

FACTS 

  1. The facts giving rise to the instant appeal have been well set out in the judgment of the Court of Appeal, Accra and it will be necessary only to refer to the salient points necessary for the determination of this appeal, as set out in the said judgment. 

  2. The 1st Plaintiff is a limited liability company incorporated under the laws of Ghana whilst the 2nd is its Executive Director. The Defendant is a well-known banking institution in Ghana and the 1st Plaintiff’s bank. The Plaintiff has been trading with Comma Oil and Chemical…

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