EXPORT-IMPORT BANK OF THE UNITED V. BIBIANI LOGGING & LUMBER CO. LTD AND JOYCE WIREKO BROBBEY AND BENJAMIN KWASI KUFOUR
(2016) JELR 65924 (CA)
Court of Appeal
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SUIT NO: H1/56/2014
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29 Feb 2016
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Ghana
Coram
AYEBI J.A. (PRESIDING), TORKORNOO (MRS) J. A., DOMAKYAAREH (MRS) J. A.
Appearances
SEAN POKU FOR DEFENDANTS/APPELLANTS,NO LEGAL REPRESENTATION FOR PLAINTIFF/RESPONDENT
Judgement
<p>JUDGMENT</p><p><em>TORKORNOO (MRS), J.A.</em></p><p>The Plaintiff Respondent (hereinafter referred to as Respondent) commenced this action by an attorney Mrs. Claris Efa Quayson. The Respondent’s case against the Defendants/Appellants was that the 1<sup>st</sup> Appellant had obtained a credit facility of US$901,765 from First International Bank of United States of America. They had failed to honor their repayment obligations and as guarantor to the lender on the debts, the Plaintiff had been called to pay the debt of principal with interest. It had paid the said debt to First International Bank and was now seeking reimbursement from the Appellants.</p><p>Its case was that the 2<sup>nd</sup> and 3<sup>rd</sup> Appellants had executed unconditional guarantees to pay the 1<sup>st</sup> Appellant’s debts and also executed promissory notes to that effect. The Respondent claimed for:</p><p>1. The total sum of One million, Six Hundred and Twenty Two Thousand, Seven Hundred and Thirty-Two United States Dollars (US$1,622,732.00) being the outstanding amount and unpaid bal…</p>