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NTHC LIMITED V. EAST DADEKOTOPON DEVELOPMENT TRUST AND 3 ORS.

(2010) JELR 63652 (CA)

Court of Appeal  •  CIVIL APPEAL SUIT NO: H1/216/06  •  21 Oct 2010  •  Ghana

Coram
MARIAMA OWUSU J.A. (PRESIDING), YAW-APPAU J.A., MARFUL-SAU J.A.

Judgement

JUDGMENT

BY COURT; JUDGMENT

On the 27-4-05, the Fast Track High Court, Accra, gave judgment for the plaintiff in the following terms;

"Reading sections 2.1.3, 2.1.4 and 2.1.6 together with 7.1.2 and 7.1.3 which deals with effective of default, it is my view that the parties understood that the loan will be paid from the sale of the land. Indeed to secure payment of the amount land ie 30 unserviced plots of land were identified and mortgaged to the plaintiff. It is my view that plaintiff’s relief which I can grant in the circumstances of this case is for plaintiff to proceed against the 30 unserviced plots mortgaged as security for the payment of the loan and interest thereon. The value of these plots I believe would have hiked since the due date of payment of the loan to take care of any additional interest that might have accrued on the loan."

The defendants counter claim was dismissed as not proved. Cost of Ten million cedis [¢10m] was awarded in favor of the plaintiff.

Dissatisfied wit…

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