[2017]DLCA5342 • May 24, 2017 • Court of Appeal
STANBIC BANK GHANA LTD vs. OSEI YAW ANNING
The Plaintiff/Respondent, Osei Yaw Anning, was a debtor of the Defendant/Appellant, Stanbic Bank Ghana Ltd, having obtained an overdraft and loan facilities in 2009. The Bank sued for recovery of outstanding balances, and judgment was entered against the Respondent in 2012. The Respondent later commenced a suit alleging that the judgment was fraudulently procured, denying having taken the loan and overdraft facilities claimed by the Bank. The High Court found the judgment was obtained by fraud and set it aside. The Bank appealed this decision.
read moreTORKORNOO (MRS), J.A. The Plaintiff Respondent herein has been a debtor of the Defendant Appellant bank since 2006. The Appellant bank sued him in suit number BFS 29/2012 for inter Alia, recovery of the sum of GH¢316,325.65 as outstanding balance on an overdraft facility of GH¢250,000 granted to him in 2009; and GH¢336,186.55 as balance on a loan facility of GH¢150,000 also granted to him in 2009. Judgment was entered against him on 20th June 2012 after a trial by Justice Mensah- Homiah. The judgment in that suit can be found from pages 60 to 75 of the Record of Appeal (ROA). On 16th December 2013, the Respondent commenced an action with suit number RPC/84/2014 to attack the judgment in suit number BFS/29/12. His contention was that the judgment was obtained by fraud and therefore ought to be set aside. His claims were for: a. A declaration that the judgment obtained and or delivered in favor of the Defendant herein in suit titled Stanbic Bank Ghana Limited vrs Osei Yaw ...