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NDK FINANCIAL SERVICES LTD. V. SAKFOS FARMS LTD., MICHAEL ABU SAKARA FOSTER, MARY-LILY KAFELA FOSTER

(2021) JELR 107023 (CA)

Court of Appeal  •  Suit No. H1/34/2020  •  25 Feb 2021  •  Ghana

Coram
ADJEI,J.A , SUURBAAREH,J.A , WOOD,J.A

Judgement

JUDGMENT

ADJEI, J.A.

The Plaintiff sued the Defendants jointly and severally in the High Court for the following reliefs:

“a. The sum of Three Million and Sixty-Five Thousand, Nine Hundred and Fifteen Ghana Cedis and Thirty-One Pesewas (GH¢3,065,915.31) being the outstanding loan amount as at 31st August,2017.
b. Interest on the said Three Million and Sixty-Five Thousand, Nine Hundred and Fifteen Ghana Cedis and Thirty-one pesewas(GH¢3,065,915.31) at the agreed compound interest rate of 4.25% per month from 1st September, 2017 till date of final payment.
c. An amount of Seventy-Six Thousand, Six Hundred and Forty-Seven Ghana Cedis and Eighty-Eight pesewas (GH¢76,647.88) being default charge of 2.5% of the balance due and owing to the Plaintiff;
d. Payment of legal fees.
e. Costs
OR IN THE ALTERNATIVE:
1. An order for the judicial sale of the mortgaged properties;
2. An amount of Seventy-Six Thousand, Six Hundred and Forty-Seven Ghana Cedis and Eighty-eight pesewas (GH¢76,647.88) being def…

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