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CAL BANK LIMITED VS BUREG LIMITED AND TWO OTHERS

2016

HIGH COURT

GHANA

CORAM

  • HER LADYSHIP JUSTICE DOREEN G. BOAKYE- AGYEI, J (MRS.)

Areas of Law

  • Contract Law
  • Civil Procedure
  • Equity and Trusts
  • Evidence Law

AI Generated Summary

The Plaintiff, a banking company, filed a suit against the Defendants to recover an outstanding loan amount of Ghc 276,030 plus interest, which had been granted to the 1st Defendant for a contract pre-financing. The loan, secured by guarantees from the 2nd and 3rd Defendants and a Land Title Certificate, was not repaid in full by the due date. The Defendants argued that delays by the Plaintiff in processing the loan caused them significant losses. The court held the Defendants liable for the outstanding loan amount, confirming the 2nd and 3rd Defendants as guarantors, and dismissed the majority of the Defendants' counterclaims. The court also ordered a recount of accounts but denied the request for a judicial sale of the mortgaged property. Costs were awarded to the Plaintiff.

JUDGMENT