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AGRICULTURAL DEVELOPMENT BANK v. JOSEPH KODUA COMPANY & ORS

2016

HIGH COURT

GHANA

CORAM

  • ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT

Areas of Law

  • Banking and Finance Law
  • Civil Procedure
  • Evidence Law
  • Contract Law
  • Corporate Law

AI Generated Summary

The Plaintiff bank sought GH¢ 390,275.56 from the 1st Defendant for unpaid credit facilities and interest, with guarantees from the 2nd and 3rd Defendants. The 1st and 2nd Defendants' failure to comply with court directions resulted in their defenses being struck out. The court found in favor of the Plaintiff and awarded GH¢ 387,497.82, along with prevailing bank rate interest from 1/11/2014 to final payment, and costs of GH¢ 20,000.00 against the 1st and 2nd Defendants. Legal principles discussed included the onus of proof in civil cases, corporate legal personality, enforceability of indemnities, and award of interest.

JUDGMENT