UT BANK vs. RICHARD OWUSU ANSAH

In this suit, the Plaintiff seeks to recover from the Defendants the sum of GH¢77,683.45 being the outstanding balance of a credit facility advanced to the 1st Defendant together with interest. The 2nd Defendant has been sued as a Surety/ Mortgagor. As a result, the Plaintiff has also sought for an order of judicial sale of the Mortgaged property. When the case was slated for hearing, the Defendants on various occasions pleaded for time for an out of court settlement. In accordance with section 72 of the Courts Act, 1993, Act 459, the court graciously allowed the parties to do so. Subsequent to this, adjournments were sought for and granted, all in the name of mediation, but to no avail. On 23/02/2012, the Court had no other option than to commence the trial. Both Defendants had notice of the trial but absented themselves. The court allowed the Plaintiff to prove its claim under Order 36 rule 2 of C.I 47. The issues for trial as set down by the pre-trial judge were as follows: ....