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)…

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