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JUDGMENT
This is the result of an action taken by the plaintiff herein, under the District Court Rules,
2009, CI 59, Order 2 rule 3(6) against the defendant for the following reliefs:
1. Recovery of an amount of three thousand five hundred and forty-eight Ghana
Cedis (Gh₵3548.00) being balance of a loan granted by the plaintiff’s group to the
defendant since the month of May, 2021 which amount of money the defendant
has failed/ refused to pay back despite repeated 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. He (plaintiff)
continues that, the defendant contracted a loan of an amount of seven thousand and forty
Ghana Cedis (GH₵7040.00) from the plaintiff’s group out of which her (defendant’s)
contribution of an amount of three thousand four hundred and ninety-one Ghana Cedis
(GH₵3,491.00) was deducted from the loan after some time of default in the repayment
of the loan by the defendant to the plaintiff’s group. The plaintiff continues further that,
the remaining balance of the loan from the defendant cannot succeed hence this action to
seek redress. Wherefore plaintiff claims from the defendant per the reliefs endorsed on
the writ of summons.
On the face of the records, the defendant was seen and served but she failed to make it to
the court. On the 23rd day of September, 2022, she paid/ deposited an amount of nine
hundred Ghana Cedis (GH₵900.00) at the registry of the court for the collection of the
plaintiff.
Hearing notices were ordered to be served on the defendant to enable her attend and be
heard, but she has decided not to appear before the court.
On the 17th Dy of December, 2022, the plaintiff filed a motion ex-parte with an
accompanying affidavit praying this court to enter judgement on his behalf.
The motion was moved on the 16th day of January, 2023.
The issues for the determination of this court is whether or not:
1. The defendant is to be ordered to pay the entire amount of three thousand, five
hundred and forty-eight Ghana Cedis (GH₵3548.00)
2. Cost should be awarded against the defendant in favour of the plaintiff.
The District Court Rules, 2009, CI 59 Order 25 rules 1&2, has given the guideline/
procedure which the courts are guided:
“Where an action is called for trial and the parties fail to attend, the trial magistrate
may