Description
Banker’s lien – liability of a personal guarantor – certification of record of appeal – missing pages of an exhibit in the record of appeal – substantial justice – inadvertent misspelling of name of a party.
- Banker’s lien – a bank retains the justification in the form of lien priority over assets still in bank’s custody belonging to a guarantor of a non-performing loan (p. 45).
- Existence of banker’s lien need not be pleaded (p. 46).
- Personal guarantee – if a person executes a personal guarantee to support the principal debtor’s application for loan, the guarantor concerned puts all his property at risk if the principal debtor defaults (pp. 47 – 48).
- Personal guarantees which guarantors signed and executed in favour of the loan debts of the 3rd respondent provided the bank with legal justification to withhold the security documents related to loans which the 2nd respondent had already cleared (pp. 49 – 50).
- Certification of the record of appeal as “true copy of the original record” conveys similar meaning with the certifying the record as “correct” (p. 30).
- Pages that were missing in an exhibit contained in the record of appeal were brought by way of a supplementary record of appeal (p. 33).
- Pages missing in an exhibit contained in the record of appeal – the defect shall be regarded as a minor irregularity where the Court should be inclined to abide with the need to achieve substantial justice under Rule 2 of the Court of Appeal Rules (pp. 34 – 35).
- Name of the 3rd respondent appearing in the memorandum of appeal inadvertently used the initial “DG” instead of “GD” – it was held that the inadvertence did not occasion any confusion as to the identity of the third respondent, nor did it occasion any injustice to either party (p. 37).
