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FIDELITY BANK GHANA LIMITED V. ANITA ASARE & ORS.

(2018) JELR 63664 (HC)

High Court  •  SUIT NO.BFS/69/16  •  28 Mar 2018  •  Ghana

Coram
ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT

Judgement

JUDGMENT

MENSAH-HOMIAH (MRS.) J.

In this action, the Plaintiff bank seeks the following reliefs against the Defendants as principal debtor and guarantors respectively:

1. An order for the recovery of the sum of One hundred and Fifty Three Thousand Nine Hundred and Thirty Six Ghana Cedis (GHC 153,936.73) being the total indebtedness of the 1st defendant from the loan facility granted by the Plaintiff Bank.

2. Interest on the said sum at the prevailing bank rate from 2nd day of March, 2016 till date of final payment.

ALTERNATIVELY,

i. An order for the judicial sale of Plot Number 32 Block L, Nhyiaeso, Kumasi.

3. Cost including Solicitor’s fee.

THE PLAINTIFF'S CASE.

The Plaintiff’s case is simple and straightforward, on 12th June, 2014, a loan of GHC 150,000.00 was extended to the 1st Defendant upon her request, for a period of 24 months at an interest rate of 35% per annum. The facility was guaranteed by the 2nd and 3rd Defendants. The 1st Defendant also secured the loan with her property number…

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