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JUDGMENT
The plaintiff in this suit initiated the action against the defendant for the following reliefs
under the District Court Rules, 2009, CI 59, Order 2 rule 3(6):
1. Recovery of an amount of two thousand and forty-two Ghana Cedis
(GH₵2,042.00) being balance of a loan granted to the defendant since May, 2021,
which money the defendant has failed/ refused to pay back despite several
demands.
2. Cost of the application.
SUMMARY OF SUBJECT MATTER OF CLAIM
The plaintiff is the secretary of Isha Alau Village Savings and Loans Group (Plan Ghana)
whiles the defendant is a member of the said group resident at Mempeasem. Plaintiff
continues that, the defendant contracted a loan of an amount of three thousand eight
hundred and fifty Ghana Cedis (GH₵3850.00) from the group out of which Defendant’s
contribution of an amount of one thousand eight hundred and seven Ghana Cedis
(GH₵1807.00) was deducted from the loan after she defaulted in repaying the loan to the
plaintiff and the executives of the plaintiff’s group retrieve the remaining balance of the
loan the defendant sought from the plaintiff’s group cannot succeed, hence this action.
where the plaintiff claims from the defendant per the reliefs endorsed therein.
The defendant was seen and served with the court processes, but she has never attended
the court. The matter has been adjourned a couple of times to create/ give ample
opportunity to the defendant to attend/ appear but she failed to utilize these
opportunities to be heard.
The plaintiff files a motion ex-parte with its accompanying affidavit on the 13th day of
December, 2022 praying the court to enter judgement against the defendant for her non-
appearance, and her inability to file any process to the contrary.
The issue(s) for the determination of this court is/ are whether or not:
1. The court should direct an order at the defendant to pay the amount of two
thousand and forty-two Ghana Cedis (Gh₵2,042.00) as being claimed by the
plaintiff.
2. Cost should be awarded against the defendant in favour of the plaintiff.
On the face of the records, although the defendant did not appear before the court for all
this while, she has paid an amount of seven hundred Ghana Cedis (Gh₵700.00) on the
23rd day of September, 2022.
Under Order 25 rules 1-2, of the District Court Rules, 2009, CI 59:
“Where an action is called for trial and the parties fail to attend, the trial magistrate
may strike the action off the trial list; or
Where t