DANIEL AMPONSAH FRIMPONG vs NDK FINANCIAL SERVICES LIMITED

This is a Motion on Notice for Leave to Amend the Entry of Judgment due to Defendant/Judgment/Debtor/Respondent’s breach of Consent Judgment filed on 9th November, 2022.

I have read through the Motion Paper, Affidavit in Support and attached Exhibits, as well as the Affidavit in Opposition.

Careful consideration has also been given to the submissions made by both Counsel in moving and in opposing the instant application.

This Court is of the opinion that because the Consent Judgment clearly contains a provision that the usual default clause shall apply, the said provision indicates that in case Defendant/Judgment/Debtor/Respondent default in the payment as contained in the said Consent Judgment, the whole amount becomes outstanding with the applicable interest rate being pegged at the prevailing Commercial Bank lending rate from 1st August, 2022 until date of final payment.

Due to the fact that as per Exhibit ‘E’, the applicable interest rate is stated as 35%, the instant application is hereby granted.

Leave is hereby granted the Plaintiff/Judgment/Creditor/Applicant to Amend the Entry of Judgment as per Exhibit ‘D’ attached to the Affidavit in Support of the instant application.

Cost of Three Thousand Ghana Cedis (GH¢3,000.00) awarded against the Defendant/Judgment/Debtor/Respondent for Plaintiff.

(SGD)

AFI AGBANU KUDOMOR, J (MRS.)

(JUSTICE OF THE HIGH COURT)