ACCESS BANK GHANA LIMITED vs. MRS. LUCKY AFI ALLOTEY T/A & ANO. [2017]DLHC2069

Date	2017-11-24
Suit No.	SUIT NO.: BFS/284/12
Citation No.	[2017]DLHC2069

SAMUEL K. A. ASIEDU J.

MR. OSEI TUTU NKWANTABISA FOR THE PLAINTIFF

JAMES BELIGR FOR DEFENDANT

[2017]DLHC2069
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													<main id="main" class="content" style="min-height: 60rem" >ACCESS BANK
GHANA LIMITED<o:p></o:p>vs.<o:p></o:p>MRS. LUCKY
AFI ALLOTEY T/A &amp; ANO.<o:p></o:p>&nbsp;[HIGH COURT (COMMERCIAL
DIVISION), ACCRA]<o:p></o:p>&nbsp;<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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SUIT
NO.: BFS/284/12&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;&nbsp;DATE: 24TH
NOVEMBER, 2017<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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</div>CORAM: <o:p></o:p>HIS
LORDSHIP SAMUEL K. A. ASIEDU, J.<o:p></o:p><div style="mso-element:para-border-div;border-top:solid windowtext 1.5pt;
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<p class="MsoNormal" align="center" style="text-align:center;border:none;
mso-border-top-alt:solid windowtext 1.5pt;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0cm;mso-padding-alt:1.0pt 0cm 1.0pt 0cm">JUDGMENT<o:p></o:p>

</div>In
November 2012, the plaintiff bank instituted the instant action against the
defendants in this matter for:<o:p></o:p>An order for the recovery
of Seven Hundred and Ninety-Nine Thousand, Four Hundred and Twenty-One Ghana
Cedis, Fifty-Five Pesewas (GH¢799,421.55) being the outstanding balance of
various banking facilities advanced by Plaintiff to the 1st
Defendant and secured by the 2nd Defendant.<o:p></o:p>Interest on the
said Seven Hundred and Ninety-Nine Thousand, Four Hundred and Twenty-One Ghana
Cedis, Fifty-Five Pesewas (799,421.55) at the prevailing bank rate from 15th
August 2012 up to date of final payment.<o:p></o:p>An order for the
sale of all that piece or parcel of land, building thereon known as parcel
number 371 Block 10, Section 114 at East Legon, Accra the subject as an
equitable mortgage executed in favour of the Plaintiff by 2nd
Defendant.<o:p></o:p><o:p>&nbsp;</o:p>The
1st defendant entered appearance to the writ and filed her statement
of defence. There is however no indication of the filing of an appearance or
statement of defence by the 2nd defendant upon whom the writ was
served by substituted service.<o:p></o:p>The
1st defendant, in her statement of defence raised a counterclaim for
“an order of accounts detailing monies loaned out by the plaintiff to the 1st
defendant, interest component and repayments made by the 1st
defendant”. <o:p></o:p><o:p>&nbsp;</o:p>As
a result, the plaintiff filed a motion for an order for account which was
granted by the court on the 13th day of March 2013. The parties to
the suit were directed by the court to file relevant documents before a referee
in order that accounts may be gone into. <o:p></o:p><o:p>&nbsp;</o:p>However,
despite the 1st defendant’s knowledge of this order, the 1st
defendant refused to submit her documents to the referee but rather took to
indulgence in frustrating strategies just to ensure that the case is never
heard. For instance on the 21st day of January 2015, the 1st
defendant unsuccessfully filed a motion praying for an order to dismiss the
suit pending before the court. Eventually, the court made an order for the
referee to go ahead and determine the accounts with the documents which have
been made available to him by the plaintiff in view of the apparent refusal of
the 1st defendant to comply with the court’s order to submit her
documents for accounts to be taken.<o:p></o:p><o:p>&nbsp;</o:p>Thereafter,
the parties were ordered by the court to file their witness statement in order
for the trial to proceed. This was after the referee had brought the accounts
to the court. Despite the service of the order on the 1st defendant
through her lawyer, neither the lawyer nor the 1st defendant ever
appeared in court and for the numerous times that the case was adjourned and
hearing notices served on the 1st defendant through her lawyer, they
refused to appear. The plaintiff was therefore invited to give evidence, which
it did, through a representative on the 7th November 2017.<o:p></o:p>