Cal Bank Ghana Ltd Vrs Ferbrit International [2023] GHAHC 35 (14 February 2023)

Cal Bank Ghana Ltd Vrs Ferbrit International [2023] GHAHC 35 (14 February 2023)

Plaintiff proved on a balance of probabilities that Defendants were indebted in the sum of GH¢131,129.00 as at 1st March, 2018. Defendants admitted the facilities and guarantees but failed to prove payment or contest the amount with evidence. Unstamped documents were excluded, but admissions and remaining evidence sufficed for judgment.

Citation
[2023] GHAHC 35
Parties
Plaintiff: CAL BANK GHANA LTD; 1st Defendant: FERBRIT INTERNATIONAL; 2nd Defendant: KWESI ASANTE; 3rd Defendant: CHARLES DARKWA
Court
High Court
Jurisdiction
Ghana
Judgment Date
14 February 2023
Procedural Posture
Commercial Debt Recovery / Judgment
Outcome
Judgment for Plaintiff
Legal Topics
Loan Facility, Guarantee Liability, Stamp Duty Admissibility, Debt Recovery
Source Language
English
Banking Law Contract Law Commercial Law Loan Facility Guarantee Liability Stamp Duty Admissibility Debt Recovery

Case Brief

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Parties

CAL BANK GHANA LTD

Plaintiff

FERBRIT INTERNATIONAL

1st Defendant

KWESI ASANTE

2nd Defendant

CHARLES DARKWA

3rd Defendant

Procedural Posture

Commercial Debt Recovery / Judgment

Legal Issues

  1. 1 Whether the Defendants' indebtedness to Plaintiff stood at GH¢131,429.46 as at 1st March, 2018
  2. 2 Whether Plaintiff is entitled to its claims
  3. 3 Whether unstamped documents are admissible in evidence under the Stamp Duty Act, 2005 (Act 689)

Ratio Decidendi

Plaintiff proved on a balance of probabilities that Defendants were indebted in the sum of GH¢131,129.00 as at 1st March, 2018. Defendants admitted the facilities and guarantees but failed to prove payment or contest the amount with evidence. Unstamped documents were excluded, but admissions and remaining evidence sufficed for judgment.

Court Disposition

Judgment for Plaintiff

Orders

  • Defendants to pay Plaintiff jointly and severally GH¢131,129.00 as at 1st March, 2018
  • Interest payable on the sum from 2nd March, 2018 until final payment