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THE NATIONAL INVESTMENT BANK V. MESSRS AGYAKOT CO. LTD. AND 2 OTHERS

(2007) JELR 65175 (CA)

Court of Appeal  •  H1/136/2006  •  1 Nov 2007  •  Ghana

Coram
QUAYE JA, MARIAMA OWUSU JA, DUOSE JA

Judgement

JUDGMENT

QUAYE, JA

This is an appeal from the ruling of the High Court, Sunyani delivered on 22nd March 2006. The appeal was filed on 23rd March 2006. The action was commenced in the High Court, Sunyani. The plaintiff/respondent Bank, acting per its Board Chairman, filed the writ on 1st September 2005 together with a statement of claim. From the averments therein, the cause of action arose from the grant of loan facilities of ¢200,000,000.00 (Two hundred million Cedis) by the plaintiff/respondent Bank, to the 1st defendant, a private construction company, based in Accra and Sunyani. The 2nd defendant is managing director of the 1st defendant company. The 3rd defendant is a businessman resident in both Accra and Sunyani. The 2nd and the 3rd defendants provided securities and or guarantees to support the loan. As at the time the writ of summons was filed the outstanding indebtedness of the defendants together with interest, had risen to ¢13,933,316,048.78, that is more than thirteen billi…

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