GHANA HOME LOAN LTD vs. KIMATHI MAWUSE DAKE & 2 ORS

TORKORNOO, J. A. The Appellants were sued for the sum of $147,038.52, interest thereon at the rate of 18.5% per annum from 10th July, 2012 to date of final payment, and costs of the action. Along with a Statement of Defence to the action, they counterclaimed for a. A declaration that on a proper interpretation of the agreement the interest applied historically by the Plaintiff is wrong. b. An order for all true proper and necessary account to be taken between the parties on all payments made and received by Plaintiff to ascertain the correct account between the parties. c. A declaration that the agreement between the parties is still subsisting and valid. d. A declaration that the suit is caught by the doctrine of lis alibi pendes, is an abuse of process and not maintainable. The Respondents filed an application for summary judgment which was granted. The judgment can be found on pages 90 and 91 of the Record of Appeal. In her judgment, the learned trial judge cited Sam Jona...