MAKAF MICRO FINANCE V. RAHINATU M. MALIK & ANOR

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 1^st 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 2^nd 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 2^nd 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…