[2003]DLCA6980 • April 3, 2003 • Court of Appeal
SKYWAY TRAVELS LTD. vs. GHANA COMMERCIAL BANK
ANINAKWAH J. A.: This is an Appeal against the Judgment of His Lordship Justice A. A. Benin J.A., sitting as an additional High Court Judge-Accra-dated the 31st May 2000. The judgment dismissed the claim of the plaintiff/Appellant (hereinafter referred to as the Plaintiff) and the Defendant/Respondent hereinafter referred to as Defendants') Counterclaim against Messrs Isei Nsafoah and Sam Amfo Ayeh. Entering the judgment the trial court allowed the Defendant an amount of ¢2,137,185.86 as owed by the plaintiff to the Defendant. And as against Messrs Isei Nsafoah and Sam Amfo Ayeh this is what the Court had to say:— "But from whom is the Bank to recover its entitlement? The question becomes necessary in view of the parties to the Counterclaim. The Bank averred that Messrs Ayeh and Nsafoah, Managing Director and Director respectively of Skyways executed a guarantee by which they bound themselves jointly and severally to pay the Bank any sum that may become due and owing to the B...