BARCLAYS BANK OF GHANA LTD V. GHANA CABLE CO LTD & ORS

JUDGEMENT

Acquah JSC. Delivered the first judgment at the invitation of Charles Hayfron-Benjamin JSC. This is an appeal by the Barclays Bank of Ghana (henceforth referred to as the ‘bank’) against the unanimous judgment of the Court of Appeal dated 8 December 1994, setting aside the ruling of the High Court which had refused to vacate a summary judgment entered against the defendants.  

The brief facts are that on 23 March 1989, the bank issued a writ of summons with a statement of claim attached for the sum of ¢24,454,985 together with 30 per cent compound interest on the said amount form 1 March 1989 up to the date of final judgment The basis of the bank’s claim is that the amount was a loan granted to the first defendant and guaranteed by the remaining defendants. In a notice and memorandum of appearance, dated 10 April 1989, the bank took out summons for final judgment under Order 14, r 1 of the High Court (Civil Procedure) Rules, 1954 (LN 140A) as amended by the High Court (Civil P…