Sanlam General Insuruance Ghana Limited v Sustainable Growth Fund II SCSP SICAV-SIF

Sanlam General Insuruance Ghana Limited v Sustainable Growth Fund II SCSP SICAV-SIF

The defendant is liable to pay $1 million under the corporate counter guarantee, as Ms Wick had ostensible authority to bind the defendant, and no viable defence was advanced. English law and jurisdiction apply by express agreement, and summary judgment is appropriate given the absence of a real prospect of success...

Source-derived case information.

Parties
Claimant: Sanlam General Insurance Ghana Limited; Defendant: Sustainable Growth Fund II SCSP SICAV-SIF
Jurisdiction
England and Wales
Judgment Date
13 June 2025
Procedural Posture
Commercial Claim / Summary Judgment Application
Outcome
summary judgment for claimant
Legal Topics
Promissory Note, Corporate Guarantee, Ostensible Authority, Jurisdiction, Costs Assessment
Contract Law Commercial Law Cross Border Litigation Promissory Note Corporate Guarantee Ostensible Authority Jurisdiction Costs Assessment

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Parties

Sanlam General Insurance Ghana Limited

Claimant

Sustainable Growth Fund II SCSP SICAV-SIF

Defendant

Procedural Posture

Commercial Claim / Summary Judgment Application

Legal Issues

  1. 1 Is the defendant liable to pay $1 million under a promissory note or corporate counter guarantee?
  2. 2 Does the defendant have legal personality and capacity to be sued?
  3. 3 Did Ms Wick have ostensible authority to bind the defendant?

Ratio Decidendi

The defendant is liable to pay $1 million under the corporate counter guarantee, as Ms Wick had ostensible authority to bind the defendant, and no viable defence was advanced. English law and jurisdiction apply by express agreement, and summary judgment is appropriate given the absence of a real prospect of success on the defendant's arguments.

Court Disposition

summary judgment for claimant

Orders

  • Defendant to pay claimant $1 million plus interest at US dollar prime rate plus 7.5%.
  • Costs awarded to claimant: standard basis up to 22 November 2024, indemnity basis thereafter.