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NATIONAL INVESTMENT BANK v. FRANDESCO WEST AFRICA LTD & 3 Ors

(2019) JELR 107059 (CA)

Court of Appeal  •  H1/119/17  •  17 Jan 2019  •  Ghana

Coram
P. K. GYAESAYOR, JA (Presiding). C. J. HONYENUGA, JA. BARBARA ACKAH-YENSU, JA

Judgement

 JUDGMENT

BARBARA ACKAH-YENSU, JA

This appeal is against the judgment of the High Court (General Jurisdiction), Accra dated 16th February, 2015 wherein the Plaintiff/Respondent’s application for summary judgment was granted.

In the High Court, the Plaintiff/Respondent (hereinafter referred to simply as “the Respondent”) claimed against the Defendants/Appellants (also simply referred to hereinafter as “the Appellants”) jointly and severally, the following reliefs:

“(a). Recovery of Gh¢15,297,331-16 being the outstanding

balance of overdraft facilities granted the Defendants by the Plaintiff.

  (b). Interest on the said Gh¢15,297,331.16 from 31st 

December, 2013 up to the date of final payment.

 (c). Costs.

 IN THE ALTERNATIVE:

 (d). An order for the judicial sale of the following properties:

i. A residential property designated as property No.6 Cocoa Street, Teshie Nungua Estate.

 ii. A commercial property designated as Plot No. 56, Tema Motorway Industrial Area (Premises of D&C Industri…

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