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GHANA COMMERCIAL BANK V. J. K. ACKAH ENTERPRISE LTD, JOSEPH KWEKU AND KOFI ABAIDOO

(2014) JELR 68639 (SC)

Supreme Court  •  9 Apr 2014  •  Ghana

Coram
ANSAH JSC (PRESIDING), ADINYIRA (MRS) JSC, DOTSE JSC, YEBOAH JSC, AKAMBA JSC

Judgement

JUDGMENT

ANIN YEBOAH JSC

This is an appeal, the facts of which fall within a narrow compass and raises a procedural issue which deals with execution of judgments. The facts, however, are completely devoid of any controversy whatsoever.

The plaintiff which is the respondent herein is a well known financial institution carrying out banking business in Ghana. It offered facilities to the first defendant a limited liability company. The facilities were secured by the properties of the managing director who was the second defendant and the third defendant who also offered his property as security for the facility granted by the plaintiff to the first defendant. When the period of repayment became due the first defendant defaulted and the plaintiff commenced an action at the High Court, Sekondi, for the recovery of the outstanding balance and other reliefs as apparent on the indorsesment of the amended writ of summons as follows:

a. Payment of ¢1,130,945.24, being principal and interest as at 0…

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