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SG-SSB LIMITED V. AMOS ALUMINIUM LINK CO. LTD, MR. AMOS IGWE AND MRS RITA IGWE

(2016) JELR 66092 (HC)

High Court  •  BFS/305/13  •  5 May 2016  •  Ghana

Coram
JUSTICE JENNIFER A. DODOO (MRS)

Appearances
YAW ESHUN FOR PLAINTIFF; EDDIE YAO HARVEY FOR DEFENDANTS.

Judgement

DODOO (MRS), J.

On 29th January 2014, the Plaintiff filed an amended writ of summons and statement of claim in which it claimed against the Defendants, the following reliefs:

a. Defendants pay the Plaintiff the amount of GH¢46,727.82 being outstanding balance on the overdraft facility granted to the Defendants

b. Interest on the said amount from 31st July 2013 to date of final payment at the prevailing bank rate

c. Costs occasioned by this action.

d. A perpetual injunction preventing the Defendants either by themselves, privies or agents from letting out the property used in securing the loan facility to any 3rd party without the leave of the Honourable Court.

It was the Plaintiff’s case as set out in its Statement of Claim that on or about 8th November 2010 and at the 1st Defendant’s request, the Plaintiff approved an overdraft facility of GH¢25,000.00 which attracted an interest rate of 32.50 % per annum. It was further agreed between the parties that in case of default, any sum unpaid wo…

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