NATIONAL INVESTMENT BANK V. ABM LOGISTICS TERMINAL LTD, SAMUEL KPABITEY, EKOW AZU KOFI BADU & IMBEAH KOFI KUMI BOAHENE

JUDGMENT

PROF. MENSA-BONSU JSC: 

This is an appeal to the Supreme Court that emanated from the judgment of the Court of Appeal dated 28th day of April,2022. Facts and background 

The plaintiff /respondent-bank (herein referred to simply as ‘respondent’) entered into an agreement with the 1st defendant appellant/appellant (also herein referred to as ‘appellant’) for a loan facility sometime in 2007. Sometime in 2008, the Customs Excise and Preventive Service (CEPS) and the Ghana Ports & Harbours Authority (GPHA), being regulatory bodies managing the Port, granted a licence to the 1st appellant to operate the Inland Container Depot at the Tema Port. Under the licence agreement, the 1st appellant was required to have a banking facility at its premises to collect its revenue as well as Government of Ghana revenue from the operations of the container depot. 

By a Supplementary Loan agreement dated the 27th day of May, 2010, the respondent granted and disbursed in favour of the 1st appellant a …