HFC BANK GHANA) LIMITED vs. JACOB ABEKA

TORKORNOO (MRS), J.A. The background facts of this case were largely accepted by the parties. The Defendant/Respondent is the customer of the Plaintiff/ Appellant bank. Between June and August of 2008, the Appellant allowed the Respondent to overdraw from his account up to GH¢200,000 to enable him pay for the construction of a warehouse. Though there was no facility agreement over the overdraft, the Respondent deposited the title deed of property situate at Plot No. 31 Block ADB Parakuo Estate, Adiembra, Kumasi as security for the credit facility. Thereafter, the Respondent failed to pay off the debit balance on his account. The Appellant’s amended Statement of Claim was for the following reliefs: a. Recovery of the sum of One Hundred and Thirty-one Thousand, One Hundred and Forty-Nine Ghana cedis, Fourteen Ghana pesewas (GH¢131,149.14) inclusive of interest being outstanding balance of an overdraft facility extended to Defendant by Plaintiff. b. Interest at the prevailing ...