FIDELIA NCHEM v. ALEX DAUTEY & 2 ORS

JUDGMENT

On the 28th of May, 2019, the Plaintiff herein suing per her Lawful Attorney Reverend

Raymond Selorm Daniels caused this Writ of Summons to issue against the

Defendants herein, claiming the following;-

“(a) An Order for the payment of CDN$ 200, 000 (Two Hundred Thousand

Canadian Dollars) by the Defendants being the sum owed by the

Defendants to the Plaintiff according to the terms of the Promissory note

executed between the Parties

(b) Interest on the amount stated in relief (a) according to the terms agreed in

the promissory note with interest of 12% per annum, compounded semiannually from November 1st, 2001 to date

(c) Costs including solicitor’s fees

(d) Any other reliefs that this Honourable Court deems fit”.

The Writ of Summons was accompanied by a 14 paragraph Statement of Claim. In the

said Statement of Claim, the Plaintiff described herself as a widow who is currently

staying or resident in California, USA whilst the 1st Defendant engages in the real

estate business and engaged in the construction of residential properties in the Greater

Accra Region of Ghana. From the Statement of Claim, the 2nd Defendant is an

incorporated entity registered in Ghana and was used as the vehicle for fund raising

for the purposes of carrying out the object of the 1st Defendant and the 3rd Defendant

also incorporated in Canada with the same object of raising funds for the 1st Defendant

to engage in the construction of residential properties in Ghana.

It is the case of the Plaintiff that at the request of the 1st Defendant, she gave a loan of

CDN$ 200, 000.00 to the 2nd and 3rd Defendants on or about 30th November, 2001 at an

agreed interest rate of 12% per annum to be compounded semi-annually and payable

monthly. An agreement to that effect was drawn up and executed among the Parties.

It is the case of the Plaintiff that the Defendants have defaulted in the repayment of

the loan and that the last payment was received in December, 2018. Despite repeated

demands for the payment of the outstanding amounts, the Defendants have failed,

refused or neglected to make good the liability hence the instant suit.

The 1st Defendant filed a Statement of Defence to the claim on the 18th February, 2020

when he wholly admitted paragraphs 1 to 8 of the Plaintiff’s Statement of Claim. The

only caveat as far as these admissions of the Plaintiff’s claim in in his paragraph 2

when he stated that his liability is limited to the fact that in receivin