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FIDELITY BANK GHANA V. SAMETRO COMPANY LIMITED & 2 ORS.

(2019) JELR 63666 (CA)

Court of Appeal  •  CIVIL APPEAL NO: H1/80/2018  •  27 Feb 2019  •  Ghana

Coram
IRENE CHARITY LARBI MRS. J.A (PRESIDING), L. L. MENSAH (J.A), ANGELINA M. DOMAKYAAREH MRS.( J.A)

Judgement

JUDGMENT

Irene Charity Larbi (Mrs) J.A

(1) This is an interlocutory appeal from the ruling of the High Court Tarkwa dated 25th April, 2018. In that ruling, the High Court dismissed an application brought by the Plaintiff/ Appellant under Order 14 Rule 1 of C.I.47 praying for summary judgment.

(2) On 27th July, 2017, the Appellant (then the Plaintiff) issued a writ against the Respondents, (then the Defendant’s) for the following reliefs:

“A)An order for the immediate repayment of an amount of

Five Million Ghana Cedis (Gh₡5,000,000.00) being the value of the Bank Guarantee which was called in my MTN on the 25th day of July 2017.

B) Interest at the prevailing commercial rate on the amount

of (Gh₡5,000,000.00) being the value of the Bank Guarantee from the 26th day of July 2017 till date of final payment.

C) An order for the immediate repayment of an amount of

Seven Million, Twenty-Eight Thousand, Six Hundred and Thirty-Five Ghana Cedis Twenty-Seven Pesewas (Gh₡7,028,635.27) being the balance …

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