PATHWAY MICRO FINANCE V. CYNTHIA OKYERE & ANOR
(2018) JELR 68393 (HC)
High Court
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SUIT NO. RPC 87/2016
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21 May 2018
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Ghana
Coram
DR. RICHMOND OSEI-HWERE JUSTICE OF THE HIGH COURT
Appearances
ISAAC KANKAM FOR THE PLAINTIFF ,LESLEY SENYO AMEDIOR FOR AKWASI ARHIN FOR THE DEFENDANTS
Judgement
<p>JUDGMENT</p><p>The plaintiff by his Writ of Summons filed on 25<sup>th</sup> July, 2017 claim against the defendants jointly and severallyas follows:</p><p>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.</p><p>b.Interest on the sum from May 2016 till date of final payment.</p><p>c.Cost inclusive of solicitor’s fee.</p><p>Upon service of the writ on the defendants, the 1<sup>st</sup> defendant filed a defence to the claim on 11<sup>th</sup> October, 2016.</p><p>After an unsuccessful attempt at settlement, the following issues were set down for trial by the court:</p><p>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.</p><p>b.Whether or not there was a mutual mistake with regards to the interest rate applicable.</p><p>c.Whether or not the loan transaction is unconscionable</p><p>d.Whether or not the 1st defendant is liable to pay the a…</p>