[2013]DLCA6510 • February 14, 2013 • Court of Appeal
MERCHANT BANK GHANA LIMITED vs. SIMILAR WAYS LTD. AND MIKE ASOMANI
The appellant, Merchant Bank Ghana Limited, issued a writ against the respondents seeking recovery of a debt balance of $30,308 (or its cedi equivalent), interest, and alternatively judicial sale of mortgage property securing the debt. The respondents counterclaimed for damages for breach of contract. The trial concluded on 19 July 2006, but judgment was delivered almost three years later on 8 January 2009 without notifying the appellant or its counsel of the judgment date. The appellant only became aware of the judgment upon service of the Entry of Judgment on 28 July 2009.
read moreKANYOKE, J.A. On 4th January, 2001, the plaintiff/appellant Bank (hereinafter referred to as the Appellant) issued a writ of summons against the defendants/respondents (hereinafter referred to as the Respondent) jointly and severally seeking the following reliefs: “a. Recovery of $30,308 or its cedi equivalent being the balance of Pre-Export Facility account as at 1st December 2000. b. Interest on the said sum at the current bank rate from 1st December 2000 till date of trial payment. c. In addition to or in alternative judicial sale of the mortgage property used by the second defendant to secure the Pre-Export Facility” In resisting the claims, the respondent entered appearance to the writ and filed a statement of defence and counterclaimed for “Damages for breach of contract”. The case went on full trial at the High Court, Accra, presided over by Her Ladyship Mrs. Justice Nkumsah-Abban J. (as she then was). At the conclusion of the trial on the 19th day of July 2006...