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NDK FINANCIAL SERVICES LTD
V.
MASERN GHANA LTD AND 3 OTHERS

(2017) JELR 67768 (HC)

High Court 17 Feb 2017 Ghana
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- Plaintiff advanced a GHS 30,000 loan facility to 1st defendant at a monthly interest rate of 3.5% for 15 months, secured by a mortgage from 2nd defendant and guarantees from 3rd and 4th defendants. - Defendants failed to repay per agreeme

Case Details

Suit Number:SUIT NO. BFS/285/14
Judges:GEORGE K. KOOMSON JUSTICE OF THE HIGH COURT
Counsel:BANNERMAN-WILLIAMS JNR FOR PLAINTIFF

On the 28th October, 2014, the plaintiff issued a writ of summons asking for the following reliefs:

1. Recovery of the sum GHS 56,438.71 (Fifty-Six Thousand and Four Hundred and Thirty-Eight Ghana Cedis Seventy-One Pesewas) against the Defendants jointly and severally.

2. Interest on the sum GHS41,357.31 (Forty-One Thousand, Three Hundred and Fifty-Seven Ghana Cedis Thirty-One Pesewas) at the rate of 3.5% per month compound calculated on a 30 day month basis from 2nd September, 2014 till date of final payment against the Defendants jointly and severally.

3. A default charge of 2.5% of the total judgment debt (exclusive costs).

4. Judicial sale of the mortgaged property in satisfaction of the judgment debt.

On the 23rd September, 2015 the defendants entered what they described as late appearance. A defence was also filed on the same date. After close of pleadings the matter was referred to a pre-trial judge as required by the rules of court. When pre-trial settlement failed issues were sett…

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