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JUDGMENT
This judgment originates from a writ of summons issued by the Plaintiff against the
Defendant as required by order 2 rule 3(6) of the District Court Rules, 2009, C I 59, for the
reliefs below:
1. Recovery of an amount of two thousand nine hundred and six Ghana Cedis
(GH₵2,906.00) being balance of a loan the Plaintiff granted to the Defendant since
the month of May, 2021 which amount of money the Defendant has failed to pay
back in spite of several demands.
2. Cost of the application.
SUMMARY OF SUBJECT MATTER OF CLAIM
The Plaintiff is the secretary to the Asha Alau Village Savings and Loan Group
(Plan Ghana) and has initiated this action for and on behalf of the Group against
the Defendant who is a member of the said group resident at Dodi Mempeasem
According to the Plaintiff, the Defendant contracted a financial assistance of an
amount of four thousand five hundred and ninety Ghana Cedis (GH₵4,590.00)
from the group but her own contributions to the group amounted to cash, an
amount of one thousand six hundred and eighty four Ghana Cedis (GH₵1,684.00).
At the close of the financial year, the Defendant failed or refused to pay back the
financial assistance she took from the group. So, her contribution was used to
offset part of the loan leaving an outstanding amount of two thousand, nine
hundred and six Ghana Cedis (GH₵2,906.00) unpaid. He, (Plaintiff) concluded
that all efforts by the executives of the group to retrieve the remaining balance
from the Defendant could not succeed. Hence this action to seek redress.
Wherefore, the Plaintiff claim from the Defendant per the reliefs endorsed therein.
On the face of the records, the Defendant has been seen and served but she has
decided to absent herself from the court, despite the opportunities created for her
to attend.
On the 16th day of January, 2023, the Plaintiff filed a motion ex-parte with an
accompanying affidavit praying the court to hear him and enter judgement in his
favor as the Defendant has no defence to put up.
It is worth mentioning that, on the 21st day of November, 2022, the Plaintiff
informed the court that the Defendant had taken her sick/ailing brother to the
hospital for medical attention.
So, the Plaintiff was heard on oath based on the application he filed on the 16th day
of January, 2023, and the fact that the Defendant could not appear before this court
even once.
The issue for the determination of the court is whether or not Defendant should
be or