FIRST NATIONAL BANK GH. LTD. vs EMMANUEL AKPEBU
February 1, 2023
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE AFI AGBANU KUDOMOR (MRS.)
Areas of Law
- Civil Procedure
- Contract Law
February 1, 2023
HIGH COURT
GHANA
CORAM
Try asking the following...
WHEREAS:
A. By a Writ of Summons and a Statement of Claim filed on 21st October, 2021 the Plaintiff commenced this case against the Defendant and claimed the following reliefs endorsed the said processes:
a. The Defendant pays the Plaintiff the amount of One Hundred and One Thousand, Nine Hundred and Ten United States Dollars and Nine Cents (USD101,910.09) being the outstanding balance on the facility granted to the Defendant.
b. Interest on the said amount from 11th August 2021 to the date of final payment at a rate of 19.40% per annum.
c. Cost occasioned by this action.
The Plaintiff and the Defendant having agreed to the terms set out below and the Defendant having
admitted liability to the Plaintiff’s Claim and the Plaintiff having agreed to accept he sum of One
Hundred and Ten Thousand, Two Hundred United States Dollars and Thirty-Nine Cents
(USD110, 200.39) in full and final settlement of the Defendant’s indebtedness to it.
By Consent all proceedings in this action be stayed except for the purpose of carrying such terms
in effect.
NOW THIS SETTLEMENT AGREEMENT WITNESS AS FOLLOWS:
1. That the Defendant shall pay the total sum of One Hundred and Ten Thousand, Two Hundred United States Dollars and Thirty-Nine Cents (USD110,200.39) over a period of Twenty Four (24) months at a monthly repayment of Four Thousand, Five Hundred and Ninety Two United States Dollars (USD4,592.00).
2. That the said payment of Four Thousand, Five Hundred and Ninety Two United States Dollars (USD4,592.00) shall be made on or before the 28th day of each month till the entire debt is extinguished starting from 28th of February 2023.
3. That in the event of a default by the Defendant the parties agree that the Plaintiff shall be entitled to all the reliefs endorsed on the Writ of Summons.
4. That this Honourable Court shall enter the above terms as the Judgment of the Court.
DATED IN ACCRA, THIS 31ST DAY OF JANUARY, 2023
(SGD) (SGD)
___________________________ ___________________________
PLAINTIFF DEFENDANT
(SGD) (SGD)
___________________________ ___________________________
LAWYER FOR PLAINTIFF LAWYER FOR DEFENDANT
BY COURT
The Terms of Settlement arrived at between the parties and filed on 31st January, 2023
is hereby adopted as the Consent Judgment of the Court.
(SGD.)
AFI AGBANU KUDOMOR (MRS.)
(JUSTICE OF THE HIGH COURT)
AI Generated Summary
On 21 October 2021, a writ of summons and statement of claim initiated a debt recovery action in the High Court in Accra concerning an outstanding balance on a facility granted to the Defendant. The Plaintiff sought USD 101,910.09, interest at 19.40% per annum from 11 August 2021, and costs. Subsequently, the parties executed detailed Terms of Settlement on 31 January 2023, in which the Defendant admitted liability and the Plaintiff agreed to accept USD 110,200.39 in full and final settlement, payable over 24 months at USD 4,592 per month due on or before the 28th day of each month starting 28 February 2023. The terms included a default clause entitling the Plaintiff to the reliefs on the writ. Her Ladyship Justice AFI AGBANU KUDOMOR adopted the Terms of Settlement as the consent judgment.