MAKAF MICRO FINANCE
V.
RAHINATU M. MALIK & ANOR

(2016) JELR 65586 (HC)    
High Court  ·  SUIT NO.BFS/113/15 ·  15 Dec 2016 ·  Ghana
CORAM
ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT
Core Terms Beta
plaintiff
court
defendant
evidence
1st defendant
counsel
interest
trial
date of delivery of judgment
statement of claim
date of final payment
only evidence
prevailing bank rate
civil suit
judgment
loan of gh
plaintiff's case
plaintiff's writ
such facts
sum of gh
accounts officer of the plaintiff company
actual date
affidavit of service of the writ
alleged theft
civil case
civil procedure
court's docket
defendant fails
determination of a fact
evidential burden of the alleged repayments rests
expiry date
filing of witness statements
high court
interest rate
legal representation
logical sequel
merits of the case
oral evidence
ors v kotey
plaintiff micro finance institution
raise funds
real doubt
re ashalley botwe lands
repayment of the said loan
said loan
small commercial claim
trial judge
unsuccessful attempts

JUDGMENT

This is indeed a small commercial claim .The amount sought to be recovered by the Plaintiff from the Defendant is the sum of GH¢ 12, 160.00 and interest thereon from 08/08/2013 to the date of final payment.

The Plaintiff's case is very simple and concise. It is alleged that the 1st Defendant contracted for a loan of GH¢ 4,000.00 on 08/05/2013 from the plaintiff Micro Finance institution at an interest rate of 12% per month to be repaid within three (3) months. The 2nd Defendant is alleged to have guaranteed the repayment of the said loan which remains unpaid to date. It is this non-payment that has led to the instant suit.

A few observations before I go into the merits of the case. From the record, the 2nd Defendant was not served with the Plaintiff's writ of summons and statement of claim even though a lawyer filed an appearance on behalf of the two Defendants on 06/01/15 at 10:00am. On the same day, but at 1:20pm, counsel for the Plaintiff conducted a search to ascertain wheth…

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