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JESUS IS EVERGREEN, JOHN OWUSU ANSAH AND PORTIA OWUSU ANSAH V. FIRST ATLANTIC BANK LTD.

(2018) JELR 65620 (CA)

Court of Appeal  •  SUIT NO: H1/04/2018  •  17 Apr 2018  •  Ghana

Coram
ADUAMA OSEI J.A. (PRESIDING), DZAMEFE J. A., WELBOURNE (MRS) J. A.

Appearances
JAMES ADU MENSAH FOR PLAINTIFF/RESPONDENT; NO RERESENTATIVE FOR DEFENDANT/APPELLANT.

Judgement

JUDGMENT

WELBOURNE, JA

This appeal is by the Defendant/Appellant against the ruling of the High court dated 20th September 2016.

The Background

This action commenced with the Plaintiff filing a suit claiming the following reliefs:

a. An amount of six hundred and forty eight thousand, five hundred and fifteen Ghana cedis twenty five pesewas (GHC648,515.25) being the amount outstanding in respect of the facilities granted to the 1stDefendant.

b. Interest on the said sum upon the terms of the facilities, from 14th March, 2014 till date of final payment.

c. In addition to or in the alternative,an order for judicial sale of 2ndDefendant’s landed property contained in the Deed of Mortgage and the fleet of trucks.

d. Costs.

The Defendant entered appearance and filed a Statement of Defence which was amended. The Plaintiff testified through one James Yaw AduMensah, a Deputy Manager. He ended his evidence in chief on 23rd July, 2015 and was cross-examined and discharged on 18th January, 2016. At that po…

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