HFC BANK (GHANA) LTD vs. JACOB ABEKA

JUDGMENT BY YEBOAH JSC The facts of this case appear not to be controverted by the parties. Briefly, the defendant/respondent/appellant (hereinafter referred to as the appellant) was at the material time to this action a customer of the plaintiff/appellant/respondent (who for sake of brevity shall be referred to as the respondent.) Between June and August of 2008, the Respondent allowed the appellant to overdraw his accounts to the tune of Gh₵200,000 to enable him construct a warehouse. The parties herein did not execute any formal agreement but the appellant deposited the title deeds of his property known as plot No. 31 Block ADB Parakuo Estate, Adiembra, Kumasi as security for the credit facility so granted. The appellant, however, failed to pay off the debit balance on his account. The respondent thereafter commenced this action per his attorney at the High Court, (Commercial Division) Kumasi, for the following reliefs: a. Recovery of the sum of one Hundred and Thirty-one .....