[2019]DLCA8757May 9, 2019Court of Appeal

NDK FINANCIAL SERVICES vs. SAFRE LIMITED, KWEKU SARFO KANTANKA

This appeal is from the judgment of the High Court (Commercial Division) Accra delivered on 2nd day of May 2017 in which the Court entered judgment in favour of the Plaintiff against the Defendants for the sum of GH₵74,087.92 together with interest at simple interest rate from the date of the issue of the writ to the date of final payment. The Court further awarded cost of GH₵3000 in favour of the Plaintiff. The facts giving rise to this appeal are that the Plaintiff is a non-banking financial institution authorized by the Bank of Ghana to extend short-term credit facilities to customers. The Plaintiff’s case is that by a letter dated 8th December 2005, the 1st Defendant applied for a discounting facility of GH₵45,000 from the Plaintiff against 1st Defendant’s receivables from the Controller and Accountant General’s Department which was approved and granted. It is the case of the Plaintiff that the 1st Defendant by several additional letters applied for and the Plaintiff...