SG-SSB LIMITED V. AMOS ALUMINIUM LINK CO. LTD, MR. AMOS IGWE AND MRS RITA IGWE
(2016) JELR 66092 (HC)
High Court
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BFS/305/13
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5 May 2016
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Ghana
Coram
JUSTICE JENNIFER A. DODOO (MRS)
Appearances
YAW ESHUN FOR PLAINTIFF; EDDIE YAO HARVEY FOR DEFENDANTS.
Judgement
<p><strong>DODOO (MRS), J.</strong></p><p>On 29<sup>th</sup> January 2014, the Plaintiff filed an amended writ of summons and statement of claim in which it claimed against the Defendants, the following reliefs:</p><p>a. Defendants pay the Plaintiff the amount of GH¢46,727.82 being outstanding balance on the overdraft facility granted to the Defendants</p><p>b. Interest on the said amount from 31<sup>st</sup> July 2013 to date of final payment at the prevailing bank rate</p><p>c. Costs occasioned by this action.</p><p>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 3<sup>rd</sup> party without the leave of the Honourable Court.</p><p>It was the Plaintiff’s case as set out in its Statement of Claim that on or about 8<sup>th</sup> November 2010 and at the 1<sup>st</sup> 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…</p>