INTRODUCTION
This case an employeremployee relationship that culminated in instrument of indebtedness and enforcement of mortgage between the Plaintiff and the Defendant. Plaintiff and the Defendant entered into an agreement on 17 th September, 2009, wherein the Defendant agreed to repay the said amount of GHS51,400.00 within three (3) months with an interest rate of 32% per annum resulting from a discovered embezzlement perpetrated by the Defendant. That the Defendant as security for the repayment executed a Mortgage Deed in respect of his residential property in a Mortgage Agreement dated 10 th December, 2009. Meanwhile Plaintiff reported the matter to the police who charged the Defendant for various offences including stealing but the criminal matter was not prosecuted to its logical conclusion.
The Defendant on the other hand averred that he did not embezzle any sum as alleged and that he was coerced into executing the said agreements with the Plaintiff as same were procured by undue influence as a precondition for his release from the police
SUIT NO. AC/215/2015 CAPE TRADING COMPANY LTD. VS. MICHAEL
custody. That these agreements having been so procured be set aside as unconscionable and which should disentitle the Plaintiff to its claim.
SUMMARY OF PLAINTIFF'S CASE
The Plaintiff in its Amended Writ of Summons and Statement of Claim sought the following reliefs from the Defendant:
a. The payment of the sum of GHS51,400.00 being the outstanding balance owed the Plaintiff as at 10 th December, 2009.
b. Interest on the above sum at the contractual rate of 32% per annum from 10 th December, 2009 till date of final judgment and thereafter interest on the sum at the prevailing bank rate from date of judgement till date of final payment.
c. In addition to or in the alternative, an order for judicial sale of the Defendant's residential property number G3 Manet Housing Estates, Nungua Accra used as security for the embezzled sum.
d. Cost
e. Any other remedy as the Court may consider fit to order.
The case of the Plaintiff is that the Defendant, its former employee during the year 2008 and 2009 embezzled its funds amounting to GH51,400.00. That the Plaintiff noticed during the said period some irregularities in respect of the high cost of the Plaintiff's expenditure which led to an internal audit and police investigations. The Plaintiff's narrative is that the audit revealed that the Defendant had embezzled the said sum and for which Defendant admit
