BARCLAYS BANK OF GHANA LTD. vs AKUAFO ADAMFO MARKETING CO. LTD., FINATRADE HOLDINGS SA and 3 ORS

RULING By the present motion, Plaintiff/Applicant prays for Judgement on Admission against the Defendants/Respondents under Order 23 rules 1 and 6(2). The main grounds upon which it mounts the application can be found particularly in paragraphs 4, 6, 7 and 9 of the affidavit in support. The pith of Applicant’s application is that the Respondents by their defence filed on the 8th day of February, 2016 admitted that the facility they took from Applicant had fallen due and that they had defaulted on their repayment obligations. Applicant submits further, that a response to a “NOTICE TO ADMIT DOCUMENTS “served on the Defendants by way of discoveries also admitted every document mentioned in the said notice subject to the qualification that Applicant had orally agreed with Respondents not to enforce its rights under a prior written agreement entered into by the Parties. Counsel contends that in the face of what he described as “clear and unequivocal admissions”, the Defe...