JUDGMENT
INTRODUCTION
This case an employer-employee relationship that culminated in instrument of indebtedness and enforcement of mortgage between the Plaintiff and the Defendant. Plaintiff and the Defendant entered into an agreement on 17th September, 2009, wherein the Defendant agreed to repay the said amount of GHS51,400.00 within three (3) months with an interest rate of 32% per annum resulting from a discovered embezzlement perpetrated by the Defendant. That the Defendant as security for the repayment executed a Mortgage Deed in respect of his residential property in a Mortgage Agreement dated 10th December, 2009. Meanwhile Plaintiff reported the matter to the police who charged the Defendant for various offences including stealing but the criminal matter was not prosecuted to its logical conclusion.
The Defendant on the other hand averred that he did not embezzle any sum as alleged and that he was coerced into executing the said agreements with the Plaintiff as same were procured …