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NDK FINANCIAL SERVICES LTD V. COLLINS ASAMOAH ACHEAMPONG, EMMYMAURICE CONSULT, ACCESS BANK (GH) LTD AND MADAM GISELE DEDE

(2017) JELR 65181 (HC)

High Court  •  Suit No. BFS/194/13  •  14 Mar 2017  •  Ghana

Coram
JENNIFER DODOO (MRS)

Judgement

DODOO (MRS), J.

The Plaintiff’s claim was for the amount of GH¢282,546.10 together with interest being the outstanding debt due in respect of the facility awarded to the 1st Defendant.

The Plaintiff also prayed for a declaration that the 3rd Defendant’s conducted amounted to deceit and false representation as well as damages against 3rd Defendant.

It was the Plaintiff’s case as set forth in their Further Amended Statement of Claim filed on 20th March 2014, that they had by an agreement with the 1st Defendant in which the 1st Defendant would be granted a facility to enable them purchase sugar from the 2nd Defendant. In furtherance of this agreement, they had disbursed an amount of GH¢224,000.00 to 2nd Defendant on behalf of 1st Defendant. They stated further that the 1st Defendant assigned to them, his interest in the sugar as security for repayment of the loan.

It was the Plaintiff’s case that a bankers draft was to be presented to the 2nd Defendant and that this draft would be cleared by…

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