ABII NATIONAL SAVINGS & LOANS LTD. vs. ABOAFO BUYING CO LTD., MR. ISAAC EBOW PIETERSON, MR. GEORGE B. WILLIAMS (DEC’D), MR. GEORGE MATE KODJO, FRANKLIN KWASI ABROKWA, ROBERET GOLIGHTLY AND MARTIN NANA BAFFOE PETERSON [2018]DLHC9093

ABII NATIONAL SAVINGS & LOANS LTD. vs. ABOAFO BUYING CO LTD., MR. ISAAC EBOW PIE... [2018]DLHC9093

Date	2018-03-16
Suit No.	SUIT NO. RPC/236/15
Citation No.	[2018]DLHC9093

HER LADYSHIP JUSTICE JENNIFER ABENA DADZIE

JOSEPH AKYEAMPONG ESQ. OF AKYEAMPONG & CO. ACCRA COUNSEL FOR PLAINTIFF/APPLICANT

JOSEPH KWOW SAM ESQ. OF LEGFIELD CONSULTANCY ACCRA COUNSEL FOR DEFENDANT/RESPONDENT

[2018]DLHC9093
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													<main id="main" class="content" style="min-height: 60rem" >ABII NATIONAL SAVINGS &amp; LOANS LTD.<o:p></o:p>(PLAINTIFF)<o:p></o:p>vs.<o:p></o:p>ABOAFO BUYING CO LTD., MR. ISAAC EBOW PIETERSON, MR. GEORGE B.
WILLIAMS (DEC’D), MR. GEORGE MATE KODJO, FRANKLIN KWASI ABROKWA, ROBERET
GOLIGHTLY AND MARTIN NANA BAFFOE PETERSON<o:p></o:p>(DEFENDANTS)<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;
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SUIT NO. RPC/236/15&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; &nbsp; &nbsp; &nbsp; DATE: 16th MARCH, 2018<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <o:p></o:p>JOSEPH AKYEAMPONG, ESQ., OF
AKYEAMPONG &amp; CO., ACCRA, COUNSEL FOR PLAINTIFF/APPLICANT<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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<p class="MsoNormal" style="margin-bottom:0cm;margin-bottom:.0001pt;text-align:
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padding:0cm;mso-padding-alt:0cm 0cm 1.0pt 0cm">JOSEPH KWOW SAM, ESQ., OF LEGFIELD
CONSULTANCY, ACCRA, COUNSEL FOR DEFENDANT/RESPONDENT<o:p></o:p>

</div>CORAM:<o:p></o:p>HER LADYSHIP JUSTICE JENNIFER ABENA DADZIE<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;line-height:115%;
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solid windowtext 1.5pt;padding:0cm;mso-padding-alt:1.0pt 0cm 1.0pt 0cm">RULING<o:p></o:p>

</div>This is an application by
Plaintiff/Applicant (hereinafter, the “Plaintiff”) praying this Court to enter Summary
Judgment against the 4th Defendant/Respondent (hereinafter, the “4th
Defendant”) for the alternative relief endorsed on its Writ of Summons, to wit:<o:p></o:p>“4.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; In the alternative, an order by this
Honourable Court for the judicial sale of residential property situate in[sic]
East Legon in the Greater Accra Region belonging to the 4th
Defendant herein and described as parcel No. 148 Block 5 Section 115 situate at
Adjiringanor in the Greater Accra Region of the Republic of Ghana&nbsp; and delineated on Registry Map No.
001/115/1992 and edged pink on a site plan annexed to Land Certificate No. GA
31801”,<o:p></o:p>on
the ground that the 4th Defendant has no defence to the said claim.<o:p></o:p>I
have considered the application for Summary Judgment, the supporting affidavit
and examined the various exhibits put in evidence by the Plaintiff as well as
the Statement of Defence and the Affidavit in Opposition to this application
filed by 4th Defendant. I have also considered the written
submissions of counsel for the Plaintiff.&nbsp;
Even though the Court gave opportunity to both counsel to address the
Court in writing, it is noted that counsel for 4th Defendant did not
comply with the order of the Court.&nbsp;
Having failed to file his written submissions, the Court is of the
opinion that counsel for 4th Defendant did not wish to address the
Court and has waived his right to same, at this time.&nbsp; <o:p></o:p>Detailed
in the affidavit accompanying the motion paper are the facts, which, according
to the Plaintiff, gave rise to the instant application.&nbsp; It is the claim of the Plaintiff that by a Writ
of Summons dated September 2, 2015, the Plaintiff claimed certain reliefs
against the Defendants, including joint and several liability for the recovery
of a liquidated sum of money and the alternative relief of judicial sale of the
mortgaged property stated earlier against the 4th Defendant.&nbsp; The Plaintiff states, however, that even
though the Writ of Summons and Statement of Claim were served on the 1st,
2nd and 7th Defendants, one lawyer, K. Adjei-Lartey, entered
appearance on the behalf of all the Defendants by way of a Notice of Entry of
Appearance filed on September 9, 2015 and subsequently proceeded to also file a
Statement of Defence on behalf of all the Defendants on October 1, 2015,
respectively, with the Registry of this Court.&nbsp;&nbsp;
<o:p></o:p>After
pre-trial settlement was concluded, the Court, differently constituted, adopted
and entered as Consent Judgment the Terms of Settlement filed by the parties,
that is, the Plaintiff, 1st Defendant, acting by and through the 2nd,
3rd and 7th Defendants.&nbsp;
By the Consent Judgment, the Plaintiff states that the 1st
Defendant, was obliged to pay to the Plaintiff, the amount of One Million, One
Hundred and Twenty-seven Thousand, Two Hundred and Forty-nine Ghana Cedis,
Seventy-three Pesewas (GH¢1,127,249.73) inclusive of principal and interest.&nbsp; <o:p></o:p>The
Plaintiff states further that following the default of the mentioned Defendants
in their obligations under the Consent Judgment, the Plaintiff caused the Writ
of Summons and Statement of Claim to be served on the 4th Defendant
pursuant to an Order of substituted service granted by the Court on May 11,
2016 in its bid to proceed to execute the Consent Judgment.&nbsp; It is the claim of the Plaintiff that the 4th
Defendant’s liability arises from the mortgage he executed in favour of the
Plaintiff over his residential property situate at Adjiringanor, Accra and more
particularly described earlier in the relief stated above, on behalf of the 1st
Defendant to secure the loan amount that the Plaintiff disbursed to the 1st
Defendant.&nbsp; This Mortgage Agreement is
annexed to the affidavit in support of the Application as Exhibit “C” and the Land Title Certificate covering the property is
marked as Exhibit “D” and attached
to the affidavit in support of the application as well.<o:p></o:p>On
February 23, 2017, K. Adjei Lartey entered appearance on behalf of the 4th
Defendant.&nbsp; Subsequently 4th
Defendant, for unknown reasons, engaged new counsel, Joseph E. Sam of Legfield
Consultancy, Accra, who filed a Notice of Change of Solicitor with the Registry
of this Court on March 17, 2017 and proceeded to file a Statement of Defence on
behalf of the 4th Defendant on April 4, 2017.&nbsp; It is this Statement of Defence that the
Plaintiff alleges is unmerito</main>