FIDELITY BANK GHANA v. SAMETRO COMPANY LIMITED & 2 ORS

In this interlocutory appeal from the High Court at Tarkwa, the Plaintiff bank sought summary judgment for GH5,000,000 under a bank guarantee paid to Scancom Limited (MTN) after MTN called the guarantee, plus interest. The underlying facilities included an overdraft and obligations for the 1st Defendant, an MTN distributor, to pay sales proceeds into its account and inject capital; the Plaintiff alleged breach. The Defendants admitted the facilities but alleged predatory financing, unsanctioned charges, and improprieties, and counterclaimed for a forensic audit and related reliefs. The High Court dismissed the Plaintiff’s summary judgment motion, holding that the defence and counterclaim raised issues that should be tried. On appeal, the Court of Appeal distinguished authorities on independent bank guarantees, emphasized the discretionary nature of summary judgment under Order 14, and noted allegations amounting to fraud if proven. Finding no misdirection or injustice, the Court affirmed the High Court’s ruling and dismissed the appeal, allowing the case to proceed to trial.