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ELIZABETH B. ASAANAH V. ECOBANK (GH) LTD. TAMALE

(2022) JELR 110082 (CA)

Court of Appeal  •  H1/5/2021  •  24 Jun 2022  •  Ghana

Coram
OFOE, J.A (PRESIDING) BARTELS-KODWO (MRS.) J.A. BERNASKO ESSAH (MRS.) J.A.

Judgement

BARTELS-KODWO J.A. 

INTRODUCTION 

This is an appeal by the Plaintiff/Appellant (hereinafter called, “the Appellant”) against the judgment of the High Court, Tamale in favour of the Defendant/Respondent (hereinafter referred to as “the Respondent”) and against the Appellant. The judgment rejected the Appellant’s claim for a declaration that the mortgage between herself and the Respondent was null and void for being procured by fraud or in the alternative that the mortgage document was unenforceable for being an unconscionable contract among reliefs sought.  In particularizing the alleged fraud, the Appellant claimed that she never appended her signature to the mortgage document in dispute in this suit. 

BACKGROUND

The Appellant brought this action before the High Court, Tamale by filing a writ of summons on 8th May, 2015. In the accompanying statement of claim, the Appellant states that she is a businesswoman of limited education who was approached by one Kwadwo Boakye a.k.a. Andrews Adjei…

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