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NDK Financial Services Ltd v. Allied Cocoa Products Ltd

2018

HIGH COURT

GHANA

CORAM

  • JUSTICE GEORGE BUADI J

Areas of Law

  • Contract Law
  • Commercial Law
  • Civil Procedure

AI Generated Summary

The case involves the plaintiff, a non-banking financial institution, suing the defendant, involved in cocoa products, for GH¢219,730 on the basis of a written undertaking by the defendant to pay if THGL, the plaintiff's customer, defaulted on a loan. THGL did not meet supply specifications for cocoa products, thus the defendant contended it owed nothing. The plaintiff sued THGL and obtained a judgment, then sought to enforce the undertaking against the defendant. The court held the plaintiff's action failed due to lack of evidence of the defendant's liability under the undertaking, and the subsequent rescheduling of THGL's debt, thereby extinguishing obligations under the original undertaking.

JUDGMENT