CAL BANK LIMITED (PLAINTIFF) vs. KINGSMAN MODERN AUTO COMPLEX AND KINGSLEY YAW AGYEMANG (DEFENDANTS)

On 7th November, 2013, this Court gave judgment in favour of the Plaintiff/Judgment Creditor/Respondent (herein called the Respondent) for the recovery of an amount of GH¢806,038.07 being the outstanding balance on a medium term loan facility as well as interest on the amount at 18% p.a till the date of final payment. The Respondent filed and served an Entry of judgment pursuant to an order of the Court for substituted service, and proceeded to go into execution of the judgment by attaching certain immovable properties of Defendant/Judgment/Applicants (hereinafter referred to as Applicants). It is this execution that the Applicants seek to set aside. It is the case of the Applicants that they were not served with the notice of Entry of Judgment according to the terms of the order of the Court for substituted service. The Applicants contend therefore that the Respondent’s failure to comply with the order of the Court makes the service defective. The Applicants further contend that...