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MERCHANT BANK GHANA LTD VRS SIMILAR WAYS LTD

(2011) JELR 106951 (SC)

Supreme Court  •  CIVIL MOTION J8/38/2011  •  29 Mar 2011  •  Ghana

Coram
ATUGUBA, J.S.C. (PRESIDING) ANSAH, J.S.C. OWUSU (MS), J.S.C. GBADEGBE, J.S.C. BAMFO (MRS), J.S.C.

Judgement

ATUGUBA, J.S.C:


The plaintiff/Appellant/Appellant/Applicant sued the Defendants/Respondents in the High Court, Accra claiming:

“a) The recovery of $30,808.30 or its cedi equivalent being the balance of the Pre-Export Facility account as at 1st December, 2000.

b) Interest on the said sum at the current bank rate from 1st December 2000 till date of final payment.

c) In addition to or in the alternative the judicial sale of the mortgage property used by the 2nd Defendant to secure the Pre-Export Facility.”

After the conclusion of the hearing judgment, after several adjournments was delivered on the 8th day of January 2009, for inter alia, $80,000 or its cedi equivalent and Gh¢5,000.00 costs on the defendants’ counterclaim.

The applicant, claiming non service on it of any notice of the date for judgment first moved the High Court on 10/9/2009 to set aside both the delivery of judgment and its entry and for interim stay of execution of the same.  This application was dismissed on 21/1/2010.  On …

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