Barclays Bank Of Ghana Ltd. -vrs- Provost Exports Ghana Ltd. & 2 Others [2023] GHACA 46 (19 January 2023)

Barclays Bank Of Ghana Ltd. -vrs- Provost Exports Ghana Ltd. & 2 Others [2023] GHACA 46 (19 January 2023)

The appeal was dismissed because the appellant failed to object to the court's order specifying the exchange rate, did not appeal that order, and did not provide compelling reasons to disregard the expert's report. The grounds of appeal were either unparticularized or lacked merit.

Citation
[2023] GHACA 46
Parties
Plaintiff/appellant: Barclays Bank of Ghana Ltd.; 1st Defendant/respondent: Provest Exports Ghana Ltd.; 2nd Defendant/respondent: Dr. Henry Broni-Amponsah; 3rd Defendant/respondent: Henrietta Cofie
Court
Court of Appeal
Jurisdiction
Ghana
Judgment Date
19 January 2023
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Loan Facility, Guarantee Liability, Account Reconciliation, Summary Judgment, Appeal Procedure
Source Language
English
Banking Law Contract Law Civil Procedure Loan Facility Guarantee Liability Account Reconciliation Summary Judgment Appeal Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 3 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

Barclays Bank of Ghana Ltd.

Plaintiff/appellant

Provest Exports Ghana Ltd.

1st Defendant/respondent

Dr. Henry Broni-Amponsah

2nd Defendant/respondent

Henrietta Cofie

3rd Defendant/respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial court erred in adopting the court-appointed expert's report on account reconciliation
  2. 2 Whether the use of the May 2015 exchange rate for all payments was proper
  3. 3 Whether the grounds of appeal were properly particularized

Ratio Decidendi

The appeal was dismissed because the appellant failed to object to the court's order specifying the exchange rate, did not appeal that order, and did not provide compelling reasons to disregard the expert's report. The grounds of appeal were either unparticularized or lacked merit.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • Costs of GH¢10,000.00 awarded to respondent