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NDK FINANCIAL SERVICES LTD. V. JOGIS LIMITED AND 2 OTHERS

(2008) JELR 66152 (CA)

Court of Appeal  •  CIVIL APPEAL H1/62/2008  •  12 Jun 2008  •  Ghana

Coram
QUAYE J.A. [PRESIDING], ANIN YEBOAH J.A., MARIAMA OWUSU J.A

Appearances
MR. PEASAH-BOADU FOR THE PLAINTIFF/RESPONDENT ,MR. CHARLES WILLIAM ZWENNES FOR DEFENDANTS/APPELLANTS

Judgement
<h2 class="ql-align-center">JUDGMENT</h2><p><strong>QUAYE, J.A.</strong></p><p>The pleadings in this case and the evidence led in the trial court as well, showed that the respondent herein are a registered and licensed non-banking financial institution engaged in lending money on short term basis to the business community in Ghana. The 1st defendant/appellant is an incorporated estate development company. Between the period dating from December, 2001 to July 2005, the respondent and the appellant entered into agreements by which the respondents granted loan facilities to the appellants. According to the respondents, the appellants defaulted or failed to liquidate the debts thus accrued, to the extent that as at 4th May, 2006 the appellants’ indebtedness to the respondents stood at ¢2.334,849,269.00; that is to say two billion, three hundred and thirty four million, eight hundred and forty-nine thousand two hundred and sixty-nine cedis only.</p><p>Pleadings were exchanged, issues were joined, and the defendants/appellants filed a counter-claim. The re…</p>

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