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GHANA COMMERCIAL BANK LTD. V. KOFI AGYEKUM AND HAJARA SALIFU

(2015) JELR 64194 (CA)

Court of Appeal  •  CIVIL APPEAL NO: H1/145/2015  •  10 Dec 2015  •  Ghana

Coram
P. K. GYAESAYOR J.A. (PRESIDING), A. M. A. DORDZIE J.A., L. L. MENSAH J.A.

Appearances
S. K. AMOAH FOR DEFENDANTS / RESPONDENTS; KWARE ASIRI FOR PLAINTIFF / APPELLANT.

Judgement

JUDGMENT

A. M. DORDZIE JA

FACTS:

The appellant herein, Ghana Commercial Bank Ltd granted a loan facility to one David Duah Boateng trading as Sankofa Motors. To secure the facility, the respondents herein as mortgagors charged their properties to the bank. David Duah Boateng defaulted in the payment of the loan facility; in a suit numbered E2/46/06 the appellant obtained judgment from the High court Tema to recover the loan amount plus interest. David Duah Boateng failed to pay the judgment debt. The appellant therefore instituted the action culminating in this appeal in the Commercial Division of the High Court, Accra against the respondents as mortgagors for the following reliefs:

1. Recovery of the sum of GH¢458,460.20 owed by the defendants to the plaintiff as at 31st December 2011 as mortgagors of David Duah Boateng.

2. Interest on the Ghc¢458,460.20 compounded at the prevailing rate determined by the plaintiff from 31st December 2011 till the date of final payment.

3. An order for jud…

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