a). As the Corporate Relationship Manager, I would advise Hakuna Matata Company Limited to seek an interlocutory Mareva injunction (freezing order) from the Ghanaian court to preserve Kofi Brokeman’s assets, preventing dissipation before judgment. This remedy, rooted in common law and applicable in Ghana under the High Court (Civil Procedure) Rules, 2004 (C.I. 47), Order 25, ensures the judgment is enforceable. Below are the detailed steps:

1. Consult a Lawyer Immediately: Engage a qualified litigation lawyer experienced in commercial disputes (e.g., from firms like Bentsi-Enchill, Letsa & Ankomah) to assess the case merits, gather evidence of asset dissipation risk (e.g., Brokeman’s travel plans or fund transfers), and prepare the application. Emphasize urgency to avoid delay.
2. Prepare Supporting Affidavit and Evidence: Draft an affidavit in support of the motion, detailing the ongoing suit, strong prima facie case (realistic chance of success), risk of asset removal (e.g., funds in Que Sera Sera Bank or intent to leave Ghana), and balance of convenience favoring the injunction. Include evidence like bank statements, witness statements, or intelligence on Brokeman’s movements. Disclose all material facts fully to avoid discharge for non-disclosure.
3. File a Motion for Interlocutory Injunction: File an ex parte motion (without notice to Brokeman initially, if urgency justifies) at the High Court handling the main suit, seeking a Mareva injunction to freeze specific assets (e.g., bank accounts at Que Sera Sera Bank, properties, or shares) up to the claim value. Specify worldwide or domestic scope, though Ghanaian courts typically limit to local assets unless foreign enforcement is feasible.
4. Serve Notice and Attend Hearing: If granted ex parte, serve Brokeman promptly and attend an inter partes hearing where he can contest. The court will apply tests: serious issue to be tried, inadequacy of damages, and risk of irreparable harm (per American Cyanamid Co v Ethicon Ltd principles, adopted in Ghana).
5. Undertake in Damages: Provide an undertaking to compensate Brokeman for losses if the injunction is later found wrongful, possibly backed by a bond or bank guarantee from our bank (subject to credit approval).
6. Enforce the Order: Once granted, serve the order on third parties like Que Sera Sera Bank to freeze accounts. Monitor compliance and report breaches as contempt.
7. Post-Judgment Execution: If judgment is obtained, convert the injunction into attachment for execution under Order 44 of C.I. 47.

This approach, used in cases like Republic v High Court; Ex parte Allgate Co Ltd, prevents judgment futility, aligning with ethical banking practices under BoG’s Corporate Governance Directive 2018. Advise monitoring costs, as litigation can impact cash flows.

b). A Corporate Borrower Information Memorandum (IM) in loan syndication is a confidential document prepared by the lead arranger (mandated lead arranger – MLA) to provide potential syndicate lenders with detailed information on the borrower, facility, and risks, facilitating informed participation decisions. It is not an offer document but aids in due diligence, with disclaimers excluding liability under laws like the Unfair Contract Terms Act 1977 (applicable in international contexts).

Typical contents include:

• Executive Summary: Overview of the borrower, purpose of the loan (e.g., capex, refinancing), facility amount, tenor, pricing (interest margin, fees), and syndication timeline.
• Borrower Profile: Company history, ownership structure, management bios, business operations, market position, and competitive analysis (e.g., for a Ghanaian firm, reference to sectors like mining or agriculture).
• Financial Information: Audited financial statements (balance sheet, income statement, cash flow) for the last 3-5 years, projections, key ratios (e.g., debt service coverage, leverage), and sensitivity analysis.
• Industry and Market Analysis: Sector overview, risks (e.g., commodity price volatility in Ghana), regulatory environment (BoG approvals, environmental compliance under EPA Act 1994).
• Use of Proceeds: Detailed allocation, e.g., 60% for expansion, 40% for debt repayment.
• Risk Factors: Credit, market, operational, and legal risks, including mitigation strategies (e.g., hedges via ISDA agreements).
• Facility Terms: Summary of term sheet, including covenants, events of default, security (if any), and governing law.
• Legal and Regulatory Disclosures: Pending litigations, tax status, and compliance with Acts like 930 and 1052.
• Appendices: Organizational charts, legal opinions, and environmental reports.

In Ghanaian syndications (e.g., post-DDEP deals), the IM ensures transparency, as seen in facilities arranged by GCB Bank, helping banks meet BoG’s risk management guidelines while attracting participants.