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GWIRA V. STATE INSURANCE CORPORATION

(1991) JELR 65303 (SC)

Supreme Court  •  21 Mar 1991  •  Ghana

Coram
AMUA-SEKYI JSC, OSEI-HWERE JSC, AIKINS JSC, EDWARD WIREDU JJ.S.C., ESSIEM J.A.

Judgement

AMUA-SEKYI J.S.C.: In 1965 the plaintiff, a lawyer and a diplomat, borrowed the large sum of £10,000 from the State Insurance Corporation for the purpose of erecting a dwelling-house on a plot of land at East Cantonments, Accra. As security for the due repayment of the loan the plaintiff deposited his title deeds with the corporation. He failed to honour his promise, and in 1971 the corporation took him to court. His answer, it seems, was that he had not the means with which to pay back the loan. This sounded rather hollow as the building had been completed and rented out to a reputable company.

Both the plaintiff and his counsel, the late Amoo-Lamptey, must have realised that there was no way the corporation could be denied relief. The record shows that when the case was called before Aboagye J. the plaintiff through his counsel submitted to judgment. On their writ the corporation had asked for foreclosure or sale. The court granted both, leaving them to choose whichever they found th…

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