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OPTIMUM ENTERTAINMENT LTD & 2 OTHERS V. HFC BANK (GHANA) LIMITED

(2015) JELR 67115 (CA)

Court of Appeal  •  SUIT NO.: H1/215/2014  •  16 Jul 2015  •  Ghana

Coram
OWUSU (MS) J.A. (PRESIDING), ACQUAYE J.A., WELBOURNE (MRS) J.A.

Appearances
KWAME NYAKEM TETTEH FOR THE DEFENDANTS/APPELLANTS , KWADWO AFRAM ASIEDU FOR THE PLAINTIFF/RESPONDENT

Judgement

ACQUAYE, J.A.

The facts leading to this appeal are not controverted.

The plaintiff/respondent issued a writ of summons accompanied by a statement of claim against the defendants/appellants for the following reliefs:โ€”

1. Payment of the sum of GHยข708,089.22 being principal and interest on a loan granted the 1st defendant/appellant and guaranteed by the 2nd and 3rd defendants/appellants.

2. Interest on the above sum.

3. An order for the judicial sale of house number 28 Block Section 093 situate at Martey Tsuru in Accra used as security for the loan.

After entry of conditional appearance the defendants failed to file a statement of defence so the plaintiff/respondent filed a motion for final judgment in default of defence which was granted. The plaintiff/respondent subsequently filed a motion on notice for the determination of a reserved price for the sale of the judgment debtors mortgaged property and attached thereto a valuation report which assessed the forced sale value of the property at Gโ€ฆ

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