AFRICA LIFE ASSURANCE LIMITED VS GOLDEN LINK SAVINGS & LOANS

The Plaintiff per its Writ of Summons filed on 13th June 2022, claims against the Defendant as follows: a. Recovery of Three Million, Three Hundred and Thirty-Two Thousand, Six Hundred and Ninety-Three Ghana Cedis (GHS 3, 332, 693. 00) as at 21st March 2022. b. Interest on the sum of Three Million, Three Hundred and Thirty-Two Thousand, Six Hundred and Ninety-Three Ghana Cedis (GHS 3, 332, 693. 00) as at 21st March 2022 until date of final payment.

c. General damages for breach of contract.

d. Cost inclusive of solicitor’s legal fees.

The Writ of Summons and the Statement of Claim were served on the Defendant on 21st June 2022. The Defendant entered appearance on 24th June 2022, and filed its Statement of Defence on 19th July 2022. The parties could not settle the matter at the pre-trial settlement conference.

Therefore, the following issues were set down for trial by the court on 24th March 2023. 1. Whether or not on the expiration of the maturity date, the Defendant paid in full the maturity interest and the principal sum invested and rolled over in full investment with the consent of the Plaintiff.

2. Whether or not the Defendant is indebted to the Plaintiff in the sum of Three Million, Three Hundred and Thirty-Two Thousand, Six Hundred and Ninety-Three Ghana Cedis (GHS 3, 332, 693. 00). 3. Any other issue arising from the pleadings.

The court ordered the parties to file their pre-trial checklists, witness statements and all documents they intend to rely upon in the case on 16th November 2023. The court notes on 16th November 2023, and hearing notice were served on counsel for the Defendant on 6th December 2023. The case was adjourned to 8th December 2023 for Case Management Conference.

Counsel for the Defendant was served with hearing notice for the Case Management Conference.

He was served on 6th December 2023. The Defendant and its counsel were however absent for the Case Management Conference on 8th December 2023. The Defendant also failed to file its pre-trial checklist; witness statement etc.

as ordered by the court on 16th November 2023. The case was adjourned to 5th March 2024 for hearing.

Counsel for the Defendant was served with hearing notice on 26th February 2024 for the hearing on 5th March 2024. However, the Defendant and its counsel failed to appear in court for the hearing.

When the case came up for hearing, the Plaintiff’s representative testified under oath as follows: He is called Clifford Yeboah.

He lives at H/No. 138 Mo