INTERCONTINENTAL BANK GH LTD v. NAVOO ENTERPRISE LTD & 2 OTHERS
2018
HIGH COURT
GHANA
CORAM
- GEORGE K. KOOMSON
Areas of Law
- Civil Procedure
- Contract Law
- Evidence Law
2018
HIGH COURT
GHANA
CORAM
AI Generated Summary
Plaintiff advanced GH¢320,000.00 to the 1st Defendant for purchasing goods, secured by guarantees and a mortgage. Defendants defaulted. Despite multiple adjournments and failure of Defendants to attend court, the Plaintiff proved its case and was awarded GH¢214,331.72 plus interest and costs.
JUDGMENT
This case was transferred to this court by Her Ladyship the Chief Justice on the 27th July, 2016.
A brief summary of the facts in this case is that the Plaintiff granted the 1st Defendant a local purchase Order Finance of GH¢320,000.00 for a term of 3 months at an interest of 29% per annum to enable the 1st Defendant to supply computers, computer accessories, car tyres and car batteries. The said facility was guaranteed by 2nd and 3rd Defendants and a legal mortgage over a property at Amasaman, Accra. The Defendants defaulted in the repayment of the facility. The Plaintiff brought the present action asking for the following reliefs:-
a) A recovery of the sum of GH¢214,331.72 being as at 2nd November, 2011 the outstanding balance of the facility advanced to the 1st Defendant Company.
b) Interest on the amount of GH¢214,331.72 from 25th October, 2010 to the date of final payment at the prevailing bank lending rate.
c) Alternatively the judicial sale of H/No. A138, Abehenease with Registration No. AR/5549/2005 situate at Amasaman, Accra
Costs occasioned by this action.
In view of the transfer, the case suffered series of adjournments as the Defendants were not attending court after the transfer to this Court. Despite hearing notices being served on the Defendants, they failed to attend court. The court on the 20th July, 2017 ordered the parties to file their respective witness statements and check- lists with a further order that the Plaintiff should serve the Defendants with a copy of the order. The matter was adjourned for case management. Despite being served with a copy of the order made on the 20th July, 2017, the Defendants failed to file their witness statements and check-lists. On the 5th March, 2018, the Court in conducting case management and in compliance with Order 32 rule 7A(3)(b) of the High Court (Civil Procedure) Rules, 2004 (C.I 47) as amended by C.I.87, struck out the statement of defence and counter claim filed by the Defendants. They were accordingly ordered to open its case in proof of its claim.
Hearing notice was accordingly served on the Defendants. On the 12th April, 2018, the Defendants were represented in court by Mr. Charles Lamptey and counsel for Defendants failed to attend court to conduct cross- examination of the witness called by the Plaintiff.
The case of the Plaintiff is that on the 23rd August, 2010, the 1st Defendant acting through its Managing Director or CEO, applied for a loan facility of GH¢360,000.0