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GUARANTY TRUST BANK v. STEEL & FORGING LTD. & 4 OTHERS

2015

COURT OF APPEAL

GHANA

CORAM

  • MARFUL SAU, J.A. (PRESIDING)
  • KORBIE, J. A.
  • TORKORNOO, J. A

Areas of Law

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

AI Generated Summary

The appellant sued the respondents for payment of outstanding debts and obtained a summary judgment. The respondents defaulted on repayment schedules, leading the appellant to auction the attached properties. The respondents challenged the auction, alleging deceit during settlement negotiations. The High Court set aside the auction for being fraudulent, but the appellate court overturned this decision, stating there was no binding settlement agreement and the auction process followed legal protocols. The dissenting judge argued the appellant should be estopped by conduct from auctioning properties during negotiations.

JUDGMENT