GHANA HOME LOANS LIMITED (PLAINTIFF) vs. MR. CLIFFORD TAGOE (DEFENDANT) [2017]DLHC7366

Date	2017-11-17
Suit No.	SUIT NO.: CM/0301/16
Citation No.	[2017]DLHC7366

HIS LORDSHIP SAMUEL K. A. ASIEDU J.

MS. NITA STEELE FOR THE PLAINTIFF

[2017]DLHC7366
																																						<div class="restriction-wrapper">
														<div class="container-lg">
															<div class="row">
																<div class="col-md-12 restricted-content">
																	<div class="restricted-content-img-wrapper">
																		<div class="lock-icon bounce-7">
																			<img class=""
																				src="https://www.dennislawgh.com/dl-assets/dl-images/lock-content.png"
																				alt="Subscription based content">
																		</div>
																	</div>
																	 
																		<a href="https://www.dennislawgh.com/login"
																		class="btn btn-primary btn-lg"
																		style="font-family: 'open sans'; text-transform: capitalize; border-radius: 8px"> 
																		Login to Read Full Case </a>
																	 
																	
																</div>
															</div>
														</div>
													</div>
													<main id="main" class="content" style="min-height: 60rem" >GHANA HOME LOANS LIMITED<o:p></o:p>(PLAINTIFF)<o:p></o:p>vs.<o:p></o:p>MR. CLIFFORD TAGOE<o:p></o:p>(DEFENDANT)<o:p></o:p>[HIGH COURT (COMMERCIAL DIVISION), ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

SUIT
NO.: CM/0301/16&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; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;DATE:
17TH NOVEMBER, 2017<o:p></o:p>

</div>COUNSEL: <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

MS. NITA STEELE FOR THE PLAINTIFF <o:p></o:p>

</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;
border-left:none;border-bottom:solid windowtext 1.5pt;border-right:none;
padding:1.0pt 0in 1.0pt 0in">

<p class="MsoNormal" align="center" style="margin-bottom:0in;margin-bottom:.0001pt;
text-align:center;border:none;mso-border-top-alt:solid windowtext 1.5pt;
mso-border-bottom-alt:solid windowtext 1.5pt;padding:0in;mso-padding-alt:1.0pt 0in 1.0pt 0in">JUDGMENT<o:p></o:p>

</div>On
the 21st April 2016, the plaintiff issued a writ against the
defendant for:<o:p></o:p>(i)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
An order that
the Defendant pay the Plaintiff the sum of US$19,217.00 (Nineteen Thousand Two
Hundred and Seventeen United States Dollars), which amount represents the
outstanding balance as at 11th April, 2016. <o:p></o:p>(ii)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
Interest on the
sum of US$19,217.00 (Nineteen Thousand Two Hundred and Seventeen United States
Dollars) at a rate of 18.5% per annum from 11th April 2016 to date
of final payment.<o:p></o:p>(iii)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
An order for
judicial sale of House No. 190, 14th Street, Oyibi, Valley View,
Accra. Ghana.<o:p></o:p>(iv)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
Costs.<o:p></o:p>The
writ was served together with a statement of claim on the defendant who caused
a conditional appearance to be filed on his behalf on the 14th
October 2016 and then filed a statement of defence on the 12th
January 2017.<o:p></o:p>After
close of pleadings and the failure of the parties to settle the matter amicably
at pre-trial settlement conference, the case was listed for hearing.<o:p></o:p>On
the 23rd June 2017, the lawyers for the parties were present in
court when a ruling refusing an application for summary judgment was read.
Thereafter, the court ordered the parties to file their witness statements in
order that the case will be tried on its merit.<o:p></o:p>On
the 6th July 2017, the plaintiff filed its witness statement and
served it on the defendant on the 11th July 2017 through the lawyer
for the defendant. On the 28th July 2017, the case was called the
defendant had not filed his witness statement. Again the defendant and his
lawyer failed to attend court on that day. The court therefore ordered hearing
notice to be served on the defendant and adjourned the case to 5th
October 2017. From the 5th October 2017, the case was again
adjourned to the 13th October 2017. A hearing notice was once again
served on the defendant through his lawyer to appear on the 13th
October 2017. The defendant and his lawyer once again failed to attend court on
the 13th October 2017 so the court ordered counsel for the plaintiff
to serve yet another hearing notice on the defendant and adjourned the case to
19th October 2017 for hearing. This hearing notice was served on the
lawyer for the defendant on the 13th October 2017. When the case was
called on the 13th October 2017, the defendant and his lawyer were
absent as well as the witness for the plaintiff so the case was adjourned to 7th
November 2017.<o:p></o:p>When
the case was called on the 7th November 2017, the defendant and his
lawyer, as usual, were absent. The court theref</main>