[2014]DLHC17346January 31, 2014High Court

NDK FINANCIAL SERVICES vs. REF LOGISTICS COMPANY LTD & 2ORS.

JUDGMENT On 22nd February 2013, the Plaintiff issued its writ jointly and severally against the Defendants claiming the sum of ¢12,817.38 together with interest at a monthly rate of 5% per month from December 31st 2012 until the date of final payment. The Plaintiff also prayed for an order of judicial sale of the 2nd Defendant’s mortgaged property described as all that piece and parcel of land in extent of 0.16 acre and situate at Klagon in the Tema Municipal Assembly in the Greater Accra Region of the Republic of Ghana. The 1st and 2nd Defendants were served with the writ and statement of claim. However, only the 2nd Defendant entered appearance and filed a defence to the action. The records indicate that the 3rd Defendant was not served at all. Accordingly, the judgment would be in respect of 1st and 2nd Defendants only. The 2nd Defendant in his defence whilst admitting that 1st Defendant a limited liability company incorporated under the laws of Ghana had been granted a loan...