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NII BONAPARTE V. MILLICENT AHWOI AND ANOTHER

(2011) JELR 63737 (CA)

Court of Appeal  •  CIVIL APPEAL NO. H1/48/2011  •  25 Nov 2011  •  Ghana

Coram
MARIAMA OWUSU (MISS) J.A. (PRESIDING),F.G. KORBIEH J.A. ,IRENE C. DANQUAH (MS.) J.A.

Judgement

F.G. KORBIEH, J.A.

This appeal emanates from the High Court, Kumasi (presided over by G.H.K. Debrah, J) which gave judgment in a suit brought by the plaintiffs/respondents (hereinafter simply referred to as the respondents) against the defendant/appellant (who shall hereinafter be simply referred to as the appellant) for the following three reliefs:

“(a) An order of the Honourable Court to re-open the loan transactions between the plaintiffs and the defendant which took place on 11th day of October, 2007 on the grounds that the interest charges on the sum lent was excessive.

(b) Any other further reliefs as the justice of the case demands in accordance with the power confided on the Court by virtue of the provisions of the Loans Recovery Act, 1918 Cap 175.

(c) Costs.” (sic)

The case of the respondents before the trial court may be summarized as follows: the 2nd respondent needed some financial assistance as a result of which he and the 1st respondent approached the appellant for a loan of …

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