NDK FINANCIAL SERVICES LIMITED
V.
EMMANUEL TETTEH

(2017) JELR 63804 (HC)

High Court · SUIT NO. BFS/207/15 · 24 Feb 2017 · Ghana

CORAM

AKUA SARPOMAA AMOAH (MRS.) JUSTICE OF THE HIGH COURT

Core Terms ^Beta

respondent

applicant

court

counsel

costs

mortgage

search report

exhibit ndk

issue

issue of costs

summary judgment

triable issue

20th day of march

respondent’s contention

date of the mortgage

full trial

judicial sale of the respondent

present application

date of final payment

date of the said mortgage

deed of mortgage

legal costs

statement of claim

undisputed facts of this case

above grounds

case of applicant

clear inconsistency

counsel’s opinion

court fees

default penalty charge

discretion of the court

following grounds

formal evidence

grant of consent

high court

judicial sale of the defendant

landed property

matter proceeds

outstanding debt

part of other apartments

part of respondent

payable needs

pre-trial judge

rare cases

registration of the mortgage

respondent’s own showing

said facility

said issues

writ of summons applicant

writ of summons claims

AMOAH (MRS.) J.

The present application is for summary judgment in respect of the following reliefs:

a) The sum of Seven Hundred and Forty Thousand, Nine Hundred and Seventy Three Ghana Cedis, Ninety Six Pesewas (GHȼ740,973.96) being the outstanding debt in respect of the loan granted to Defendant.

b) Interest at the monthly rate of 5% per month (compound) from 1st September, 2015 till the date of final payment.

c) The sum of Eighteen Thousand, Five Hundred and Twenty Four Ghana Cedis, Thirty Five Pesewas (GHȼ18,524.35) being default penalty charge of 2.5% on the outstanding balance.

d) Costs and attorney’s fees being 10% of the sum owed, and also for

e) Judicial sale of the Defendant’s landed property which is mortgaged and which property is described in paragraph 7 of the statement of claim.

The undisputed facts of this case are that Plaintiff/Applicant (Applicant) is a non-banking financial institution that granted a loan of Five Hundred and Fifty Five Thousand Ghana Cedis (GHȼ555,000.00)…

NDK FINANCIAL SERVICES LIMITED V. EMMANUEL TETTEH

NDK FINANCIAL SERVICES LIMITED
V.
EMMANUEL TETTEH