JUDGMENT
MENSAH-HOMIAH (MRS.) J.
This is a debt recovery action. Per the endorsement on the Plaintiff’s writ of summons, the debit balance on a loan allegedly granted to the Defendant in September, 2012 stood at GH¢ 72,300.00. The Plaintiff also claimed interest on this amount at the prevailing bank rate. Alternatively, the Plaintiff sought an order for judicial sale of property numbered Plot 95 Block D, New Kyekyere in Kumasi.
The Defendant did not deny taking the said loan. His defence was that even though he has executed the contract in respect of which he took the loan, payments remain outstanding and this fact is known to the Plaintiff. He also challenged the payments which the Plaintiff said it had so far received.
By way of reply, the Plaintiff averred that no bank account was opened in the joint names of the parties but cheques were to be issued in their joint names. Further, the Plaintiff stated that an enquiry conducted at the Komfo Anokye Teaching Hospital (KATH) administratio…