DALEX FINANCE & LEASING CO. VS DEES & D INVESTMENT LIMITED & ORS

The main issue requiring my adjudication in this application is whether or not the Plaintiff is entitled to summary judgment on its reliefs as endorsed on the writ of summons and the statement of claim.

A brief fact of the case is that the Plaintiff, a finance and leasing company, granted a loan facility to the Defendants, which was disbursed in three (3) tranches. As security for the loan, the 2nd and 3rd Defendants guaranteed separately to be personally liable either jointly or severally with the 1st Defendant in the event of default by the 1st Defendant. As further security for the loan, the 1st Defendant mortgaged its filling station situated at Ashaley Botwe, Accra, in favor of the Plaintiff. The relationship between the parties subsequently went sour as the 1st Defendant, as alleged by the Plaintiff, failed to meet its repayment commitments in respect of the 1st and 3rd tranches, resulting in the suit before this court.

The Plaintiff in its writ asked for the following reliefs:

(a) The sum of GH₵674,923.27 (Six Hundred and Seventy-Four Thousand, Nine Hundred and Twenty-Three Ghana Cedis, Twenty-Seven Pesewas), which said sum is the outstanding balance of two facilities granted to the 1st Defendant and guaranteed by the 2nd and 3rd Defendants as of the 8th day of October, 2014.

(b) Compound monthly interest of 4.5% from the 9th day of October, 2014, till the date of final payment.

(c) Cost inclusive of legal cost.

(d) Judicial sale of the 1st Defendant’s mortgaged property situated at Ashaley Botwe, Accra, covering an area of 0.995 acres.

I have read the application for summary judgment, the supporting affidavit, and examined the various exhibits put in evidence by the Plaintiff and the defense filed by the Defendants to this suit. I have also given thoughtful consideration to the provisions of the High Court (Civil Procedure) Rules, 2004, C. I. 47 (hereinafter, “C. I. 47”) and the principles governing the grant or otherwise of summary judgment.

It may be useful to reproduce the relevant extract from the C. I. 47, which in Order 14 rule 1 provides as follows: “14. 1. Where in an action a defendant has been served with a statement of claim and has filed appearance, the plaintiff may on notice apply to the court for judgment against the defendant on the ground that the defendant has no defense to a claim included in the writ or to a particular part of such a claim, or that the defendant has no defense to such a claim or part of a claim, except a