Eskwai logo
Verify now as a student, judge or newly called lawyer for access to discounted plans.

BANK OF AFRICA GHANA LIMITED vs ISAAC AMPONSAH-POKU & ANOR

2019

HIGH COURT

GHANA

CORAM

  • HER LADYSHIP JUSTICE JENNIFER ABENA DADZIE

Areas of Law

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

AI Generated Summary

A Ghanaian bank sued its customer, the 1st Defendant, and his employer, the 2nd Defendant, to recover outstanding sums on a personal loan granted under the Employee Personal Loan Scheme Plus (EPLS). The 1st Defendant obtained GH30,000 on 22 June 2012 under a written agreement at 25% per annum with fees and a penal interest for late payment. As a condition precedent, the 2nd Defendant executed a corporate guarantee in favour of the bank, accepting unconditional liability upon first written demand. Despite repeated demands, the 1st Defendant defaulted and the 2nd Defendant did not honour the guarantee. Case management orders were ignored; the Court struck out the defence under Order 32 rule 7A(3)(b), and the Plaintiffs evidence went unchallenged. The Court found default, held both Defendants jointly and severally liable, and awarded the outstanding amount with contractual interest at 25% from July 2016, plus GH2,000 costs.

JUDGMENT