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CAL BANK LIMITED VS SOTREC GHANA LIMITED & 2 ORS

2016

HIGH COURT

GHANA

CORAM

  • HIS LORDSHIP JUSTICE GEORGE BUADI J.

Areas of Law

  • Banking and Finance Law
  • Contract Law
  • Evidence Law

AI Generated Summary

The plaintiff bank filed suit against the defendants for defaulting on the repayment of a loan secured by mortgage and personal guarantees. While the defendants admitted to taking the loan and executing the mortgage, they claimed to have repaid a part of the loan and raised a counterclaim for damages arising from the bank's alleged breach of a previous agreement. The court ruled in favor of the bank, ordering the defendants to pay the outstanding loan amount plus interest, while dismissing the counterclaim as statute-barred and unproven. However, the court acknowledged the defendants' entitlement to US$15,098 from the bank, as identified by an auditor's report.

JUDGMENT