[2018]DLHC3966 • October 12, 2018 • High Court
ADOLF ADARKWAH vs. FIRST ALLIED SAVINGS AND LOANS LTD
The Plaintiff/Respondent invested a principal sum of GH¢6,300,000.00 in fixed deposits with the Defendant/Applicant. The Plaintiff claimed recovery of this principal sum plus two months' interest arrears and additional interest from July 2018, along with costs and other reliefs. The Defendant was served with the writ and statement of claim on 15th August 2018 but failed to enter an appearance, leading to a default judgment on 5th September 2018. The Defendant sought to set aside the default judgment, citing a desire to settle out of court and a wish to contest the matter.
read moreThis is a Motion on Notice praying this Honorable Court for an order setting aside the default judgment entered against the Applicant herein and for leave to enter late appearance. The Plaintiff/Respondent herein issued a Writ of Summons against the Defendant/Applicant on the 15th of August, 2018. The Plaintiff’s claim against the defendant are for: 1. An order for the recovery of the sum of SIX MILLION AND THREE HUNDRED THOUSAND GHANA CEDIS (GH¢6,300,000.00) being the principal sum invested in fixed deposit with the Defendant and two (2) months interest arrears standing unpaid by the Defendant on the money invested in the fixed deposits as of the time of the institution of this action. 2. Interest at the prevailing bank rate on the total sum of SIX MILLION AND THREE HUNDRED THOUSAND GHANA CEDIS (GH¢6,300,000.00) from July 2018 being the due demand date the Plaintiff lawyers finally demanded for the repayment of the said sum total to the Plaintiff up to the date of final payment...