CONSTANCE NUTAKOR vs. WOMEN’S WORLD BANKING (GH) AND OBENG FORSON

CORAM HIS LORDSHIP JUSTICE R. B. BATU (J) JUDGMENT By an Auto Loan Contract Agreement dated 12th July 2012, exhibit ‘1’ the first Defendant granted to the second Defendant a loan of GH¢35,000.00. The loan, for 36 months was for the purchase of a vehicle. The primary source of repayment of the loan was the vehicle financed by the loan. By a Deed of Assignment, exhibit ‘2’, the second Defendant used the vehicle as security. From exhibit ‘c’ the Insurance on the vehicle GS 8122-12 was taken in the joint names of the Defendants. From exhibit ‘CL’, the vehicle was also registered in the joint names of the Defendants. From a police accident report, on 14th April, 2014, at about 2.00 am a driver Stephen Antwi was in charge of the vehicle, a Mercedes sprinter bus travelling from Ofankor towards Tesano. At Abeka junction the driver lost control of the vehicle, veered off the highway and rammed into a street light and a steel container shop belonging to the Plaintiff. The v...