K.E. POKU LTD. V. NATIONAL INVESTMENT BANK AND ANOTHER

AMPIAH J.

By the writ of summons, the plaintiff-company claims from the defendant-bank:

“(a) Damages for breach of contract based on the heads of agreement signed between the parties (the plaintiff and the defendant) and a contract of guarantee, both dated 7 October 1971.

(b) An order of the High Court reopening the loan transaction evidenced by the said heads of agreement and the contract of guarantee on the grounds that both the conduct of the first defendant and circumstances not contemplated by the parties to the agreement have substantially changed the terms and conditions of the agreement.

(c) An order of injunction restraining the defendants herein or their agents from selling stone quarrying machinery, plant crusher and accessories situate at Papase on the Nsawam road, the subject matter of the heads of agreement and contract of guarantee.

(d) Damages for libel by innuendo by means of publication of notice of auction in the Ghanaian Times of 11 July 1983.”

The defendant-bank den…