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JUDGMENT
BARBARA ACKAH-YENSU, JA
This appeal is against the judgment of the High Court (General Jurisdiction), Accra dated 16th February, 2015 wherein the Plaintiff/Respondent’s application for summary judgment was granted.
In the High Court, the Plaintiff/Respondent (hereinafter referred to simply as “the Respondent”) claimed against the Defendants/Appellants (also simply referred to hereinafter as “the Appellants”) jointly and severally, the following reliefs:
“(a). Recovery of Gh¢15,297,331-16 being the outstanding
balance of overdraft facilities granted the Defendants by the Plaintiff.
(b). Interest on the said Gh¢15,297,331.16 from 31st
December, 2013 up to the date of final payment.
(c). Costs.
IN THE ALTERNATIVE:
(d). An order for the judicial sale of the following properties:
i. A residential property designated as property No.6 Cocoa Street, Teshie Nungua Estate.
ii. A commercial property designated as Plot No. 56, Tema Motorway Industrial Area (Premises of D&C Industries Limited situated on the Spintex Road).
iii. An assignment of the company’s equipment.
(e). Any other orders as the Court may deem fit”.
In a nutshell, the case of the Respondent was that the 1st Appellant applied to the Respondent-Bank for an overdraft facility of Gh¢11,629,906.36 on 31st August 2013 and was granted same on terms to be paid back on 17th November,2013. The 1st Appellant however defaulted in the re-payment of the facility and as at 31st December, 2013 its total indebtedness to the Respondent-Bank stood at Gh¢15,29,331.16. The 2nd to 4th Appellants who are Directors of the 1st Appellant are said to have guaranteed the facility.
In pursuance of its reliefs, the Respondent invoked the summary jurisdiction of the trial Court pursuant to Order 14 of the High Court (Civil Procedure) Rules, 2004 C.I.47 which provides under Rules 1 and 5(1) as follows;
“1 where in an action a defendant has been served with a statement of claim and has filed appearance, the plaintiff may on notice apply to the Court for judgment against the defendant on the ground that the defendant has no defence to a claim included in the writ, or to a particular part of such a claim, or that the defendant has no defence to such a claim or part of a claim, except as to the amount of any damages claimed.
5(1) On the hearing of the application the Court may
a. Give such judgment for the plaintiff against the defendant on the relevant claim or part of a claim as may be just having regard to the natu