[2014]DLHC17347 • January 31, 2014 • High Court
NDK FINANCIAL SERVICES vs. MIKKMOS LOGISTICS LTD & 2ORS.
JUDGMENT The Plaintiff’s claim against the Defendants jointly and severally was for an amount of GH¢331,305.27 together with interest at the monthly rate of 5.0% per month from 31st July 2012 till date of final payment. The Plaintiff also sued for costs and their attorney’s fee. In the alternative, the Plaintiff also sued for a judicial sale of the 2nd Defendant’s landed property situated at Okpoi Gonno. The Defendants in their Statement of Defence stated that the loan the Plaintiff disbursed to them was for the purchase of 2 DAF XF95 trucks for the carting of goods for DHL Supply Chain. The DHL Supply Chain was to make payments in the joint names of the Plaintiff and the 1st Defendant but had failed to do so. As a result, they deemed themselves not liable to the Plaintiff’s claim. The issues set down for trial were as follows: 1. Whether or not 1st Defendant was indebted to Plaintiff in the sum of GH¢331,305.27 as at 31st July 2012? 2. Whether or not the 1st Defendant...