Cal Bank Ghana Ltd. Vrs Ferbrit International [2023] GHAHC 354 (14 February 2023)

Cal Bank Ghana Ltd. Vrs Ferbrit International [2023] GHAHC 354 (14 February 2023)

The Defendants admitted the facilities and their expiry, and failed to prove payment or contest the amount due. Unstamped documents were excluded, but the Plaintiff’s case was established on a balance of probabilities based on admissions and unchallenged evidence. Judgment was entered for the Plaintiff for the sum claimed, interest, and costs.

Citation
[2023] GHAHC 354
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
Civil Commercial / Judgment
Outcome
judgment for plaintiff
Legal Topics
Loan Facility, Guarantee, Debt Recovery, Admissibility of Evidence, Stamp Duty
Source Language
English
Banking Law Commercial Law Loan Facility Guarantee Debt Recovery Admissibility of Evidence Stamp Duty

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

Civil Commercial / 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 the 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

The Defendants admitted the facilities and their expiry, and failed to prove payment or contest the amount due. Unstamped documents were excluded, but the Plaintiff’s case was established on a balance of probabilities based on admissions and unchallenged evidence. Judgment was entered for the Plaintiff for the sum claimed, interest, and costs.

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