[2013]DLHC8207March 2, 2013High Court

NAA KLORDEY ODONKOR vs. REGINA AKOWUAH AND BENJAMIN QUAKU LUCKLAND

On 7th March, 2012, this court ordered the first defendant to testify on oath regarding an allegation she made that she was misled into signing a Memorandum of Understanding executed between her and the plaintiff. The order was made under rule 3(2) of Order 14 of the High Court (Civil Procedure) Rules 2004, C.I. 47 in an application for summary judgment filed by the plaintiff against the first defendant for the recovery of an amount of GH¢ 10,000.00 allegedly advanced to the 1st defendant and another by the plaintiff on or about the 8th day of June, 2011 to be repaid by the 8th of July, 2011. It was alleged that the defendants defaulted in repaying the loan resulting in plaintiff instituting action against the first defendant for the recovery of the amount on the ground that she had undertaken, in writing, to make good the loan at the due date but had defaulted when it was due for payment. The first defendant filed a defence in which she admitted signing what is described as a Memoran....