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

(2017) JELR 67768 (HC)

High Court  •  SUIT NO. BFS/285/14  •  17 Feb 2017  •  Ghana

Coram
GEORGE K. KOOMSON JUSTICE OF THE HIGH COURT

Judgement

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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