ISHA ALAU VILLAGE SAVINGS AND LOAN GROUP (PLAN GHANA) PER THE SECRETARY (IDDRISU ABDUL RAHAMAN) OF DODI MEMPEASEM v. ELYAM RASHID OF DODI MEMPEASEM

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