Agricultural Development Bank Plc v Nkansah Gyane Industries (CM/BFS/0078/25) [2025] GHAHC 86 (2 June 2025)

IN THE SUPERIOR COURT OF JUDICATURE, IN THE HIGH COURT OF JUSTICE, (COMMERCIAL COURT DIVISION 6) HELD IN ACCRA ON MONDAY THE 2ND DAYOF JUNE, 2025BEFORE HERLADYSHIPJUSTICE SEDINA AGBEMAVA SUITNO.: CM/BFS/0078/25 AGRICULTURALDEVELOPMENT BANK PLC PLAINTIFF ACCRAFINANCIAL CENTRE 3RDAMBASSADORIAL DEVELOPMENTAREA RIDGE -ACCRA. VRS. NKANSAHGYANE INDUSTRIES DEFENDANT C88/11ANKANSAHGYANE DOWN KOTOBABI –ACCRA. ---------------------------------------------------------------------------------------------------------------- ----- PARTIES: PLAINTIFF REPRESENTED BY YVONNE MARIE BULLEY DEFENDANTABSENT COUNSEL: ELIAS MENSAHGLIFOR THE PLAINTIFFPRESENT 1 PEPRAH KYEI-BAFFOUR HOLDING BRIEF FOR KWADWO ADDEAH-SAFOFORTHE DEFENDANT PRESENT CONSENT JUDGMENT 1. WHEREAS: A. The Plaintiff commenced the instant suit against the Defendant on 6th November,2024forthe following reliefs: a. An Order for refund/repayment of the consolidated credit balance of Three Million and Eighty-Four Thousand, Four Hundred and Ninety-One Ghana Cedis, Sixty-Three Pesewas (GH¢3,084,491.63) as at 30th September, 2024 being the balance on the Account of Defendant as a result of the consolidated overdraft facility of Two Hundred Thousand Ghana Cedis (GH¢200,000.00) and the letters of credit of One Hundred Thousand United States Dollars (US$100,000.00) at an interest rate of 31.49% per annum granted by the Plaintiff to the Defendant which amount has become due and owing from the Defendant to thePlaintiff. b. Interest on the said amount at the contractually agreed rate of 31.49% with effect from 1st October, 2024 up to and inclusive of thelast date ofpayment. 2 c. Costsincluding legalfees. d. In the alternative, an Order for the judicial sale of the Defendant’s commercial property situate at Pampaso No. 1 near Nsawam, Eastern Region and registered at the Land Registry Division of the Lands Commercial on 21st May, 2014 under deed No. EA.18561 and Serial No. 490A/2014 which property the Defendant has mortgagedto theBank. e. Anyfurther relief thatthis Courtmay deemfit. B. The Defendant entered Conditional Appearance to the suit on 27th November,2025and filed its Statement ofDefence on13th January,2025. 2. THE PARTIES HEREIN having resolved to settle the instant suit amicably, IT IS HEREBYAGREEDby the Parties asfollows: a. That Defendant shall pay the sum of One Million, Five Hundred Thousand Ghana Cedis (GH¢1,500,000.00) in full and final settlement ofthe claim ofthe Plaintiff. b. That the Defendant shall pay an initial sum of Five Hundred Thousand Ghana Cedis (GH¢500,000.00) by30th September,2025. c. That the Defendant shall pay Two Hundred Thousand Ghana Cedis (GH¢200,000.00)tothe Plaintiff by 20th December, 2025. d. That the Defendant shall pay Four Hundred Thousand Ghana Cedis (GH¢400,000.00)tothe Plaintiff by 15th March, 2026. 3 e. That the Defendant shall pay Four Hundred Thousand Ghana Cedis (GH¢400,000.00)tothe Plaintiff by 30th May,2026. f. That the Defendant shall pay legal fees of Twenty Thousand Ghana Cedis (GH¢20,000.00) to the Plaintiff when the Terms of Settlement is filed at the Court. g. That these Terms of Settlement embody the entire understanding of the Parties in respect of the matters contained herein and that there are no promises, terms conditions or obligations, oral or written, express or implied otherthanthose contained inthese TermsorSettlement. h. That the Plaintiff will be at liberty to go into execution without leave of the Court for the sums of money contained in paragraphs 2(a) to 2(f) above with interest from the date that the said sums of money become due and payable until the date of final payment, should the Defendant default in making payment in accordance with the terms contained herein. i. That these Terms of Settlement shall constitute Consent Judgment in theinstant suit. DATED ATACCRATHIS 30THDAY OFMAY,2025 (SGD) (SGD) ………………………………………… ………………………………………. 4 SIGNEDBY THE PLAINTIFF SIGNED BY THE DEFENDANT HEREIN HEREIN (SGD) (SGD) ………………………………………… ………………………………………… SIGNEDBY COUNSEL FOR THE SIGNED BY COUNSEL FORTHE PLAINTIFFHEREIN DEFENDANTHEREIN BYCOURT The Parties have successfully settled the suit and the Terms of Settlement as executed and filed on the 2nd day of June, 2025 are hereby entered as the Consent Judgment ofthe Court. The suit is accordingly struck outassettled. (SGD) SEDINA AGBEMAVA J (JUSTICEOF THE HIGH COURT) 5