[2019]DLCA6312January 17, 2019Court of Appeal

NATIONAL INVESTMENT BANK vs. FRANDESCO WEST AFRICA LTD & 3 ORS

BARBARA ACKAH-YENSU, JA This appeal is against the judgment of the High Court (General Jurisdiction), Accra dated 16th February, 2015 wherein the Plaintiff/ Respondent’s application for summary judgment was granted. In the High Court, the Plaintiff/Respondent (hereinafter referred to simply as “the Respondent”) claimed against the Defendants/Appellants (also simply referred to hereinafter as “the Appellants”) jointly and severally, the following reliefs: “(a). Recovery of Gh¢15,297,331-16 being the outstanding balance of overdraft facilities granted the Defendants by the Plaintiff. (b). Interest on the said Gh¢15,297,331.16 from 31st December, 2013 up to the date of final payment. (c). Costs. IN THE ALTERNATIVE: (d). An order for the judicial sale of the following properties: i. A residential property designated as property No.6 Cocoa Street, Teshie Nungua Estate. ii. A commercial property designated as Plot No. 56, Tema Motorway Industrial A...