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ECOBANK GH. LTD V. CONFIDENCE LINE LTD. & 2 ORS

(2001) JELR 63474 (CA)

Court of Appeal  •  CIVIL APPEAL NO. 174/99  •  25 Jan 2001  •  Ghana

Coram
BENIN J.A. (PRESIDING), ANSAH J.A., GBADEGBE J.A.

Judgement

JUDGMENT

BENIN, J.A.

The plaintiff is a banking institution incorporated in Ghana. The 1st defendant is a limited liability company registered in Ghana to do business. The 2nd defendant is the Managing Director of the 1st Defendant Company. The co-defendant is the central bank of Ghana. Apart from the co-defendant all the other parties at the trial court are also parties to this appeal. The plaintiff’s case at the trial court was very simple: that the 1st defendant owed it some money arising from its account which it operated with the bank. The facility which the plaintiff granted the 1st defendant and which had resulted in the indebtedness was guaranteed by the 2nd defendant, hence the reliefs sought against the defendants jointly and severally.

In their statement of defence, the defendants raised several queries against the claims by the plaintiffs and went on to charge fraud against the plaintiff, claiming, inter alia, that its account was manipulated by the bank. Several issues were…

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