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PATHWAY MICRO FINANCE
V.
CYNTHIA OKYERE & ANOR

(2018) JELR 68393 (HC)

High Court 21 May 2018 Ghana
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- The plaintiff is seeking repayment of a debt owed by the 1st defendant, totaling GHC52,663,000.00, plus interest and penalties. - The issues to be resolved at trial include whether the plaintiff advanced a loan to the 1st defendant at a c

Case Details

Suit Number:SUIT NO. RPC 87/2016
Judges:DR. RICHMOND OSEI-HWERE JUSTICE OF THE HIGH COURT
Counsel:ISAAC KANKAM FOR THE PLAINTIFF ,LESLEY SENYO AMEDIOR FOR AKWASI ARHIN FOR THE DEFENDANTS

JUDGMENT

The plaintiff by his Writ of Summons filed on 25th July, 2017 claim against the defendants jointly and severallyas follows:

a.A repayment of an amount of GHC52,663,000.00 (Fifty-two thousand six hundred and sixty-three Ghana Cedis) being the total debt owed (principal, interest plus penalty) by the 1st defendant as at May 2016.

b.Interest on the sum from May 2016 till date of final payment.

c.Cost inclusive of solicitor’s fee.

Upon service of the writ on the defendants, the 1st defendant filed a defence to the claim on 11th October, 2016.

After an unsuccessful attempt at settlement, the following issues were set down for trial by the court:

a.Whether or not the plaintiff advanced an amount of GHC40,000.00 to the 1st defendant at a concessionary rate of 5.5% per annum or 6.6% per annum.

b.Whether or not there was a mutual mistake with regards to the interest rate applicable.

c.Whether or not the loan transaction is unconscionable

d.Whether or not the 1st defendant is liable to pay the a…

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