JUDGMENT
INTRODUCTION
The court is called upon to determine whether the plaintiff is entitled to recover monies unpaid by the defendants arising from a loan facility. Accordingly, on 16th December 2021, the plaintiff issued a writ of summons and a statement of claim from the court’s registry, claiming against the defendants jointly and severally the following reliefs:
“a. Recovery of the sum of GHc9,387,493.98 being Defendants’ indebtedness to Plaintiff as at 18th November, 2021.
b. Interest on the said GHc9,387,493.98 at the Plaintiff’s prevailing rate from 19th November, 2021 till date of final payment.
c. Further and/or in the alternative an Order for Judicial Sale of four-bedroom storey building situate at Daban Atasomanso, Kumasi in the Ashanti Region belonging to 2nd Defendant.”
PARTIES’ CASE
Plaintiff’s Case
The gravamen of the plaintiff’s case, as can be gleaned from its pleadings, is that in April 2018, at the 1st defendant’s request, it granted an import credit facility of $9,000,00…