NDK FINANCIAL SERVICES LTD vs JOYCE AHWIRENG

The Plaintiff instituted this action against the Defendant on 13th October, 2020 claiming the following reliefs.

a. Recovery of the sum of GH¢127, 901. 63 being the balance outstanding on Defendant’s loan account as at 30th September, 2020.

b. Interest on the said sum at the contractual interest rate of 5% per mensem from 1st October, 2020 to date of final payment.

c. Default charge of 3% of the balance outstanding.

d. An order that 2nd Defendant pays the Plaintiff’s legal fees.

The Defendant duly entered appearance and filed her Defence per lawyer.

At the close of pleadings, the issues adopted for trial are; 1. Whether or not the Defendant owes the Plaintiff the sum of GH¢127, 901. 13. 2. Whether or not following the sale of the vehicle, the Defendant still owes the Plaintiff.

3. Whether or not the Defendant paid GH¢35, 000 of the purchase price.

4. Whether or not the Defendant is entitled to a refund of the aforesaid GH¢35, 000. 00. After application for directions on 8th July, 2021, the parties were ordered to file their Witness Statements, pretrial check list and any documents they intend to rely on at the trial.

The Plaintiff duly filed its Witness Statement but Defendant failed to file.

Then on 28th March, 2022, counsel for the Defendant moved a motion for leave to withdraw his representation of the Defendant which was granted.

Thereafter Defendant has failed to participate in all aspects of the case.

Not only did she fail to file her Witness Statement, she also failed to attend court.

Several hearing notices were served on her by Substituted Service but in spite of proof that these were duly served including using her mobile phone number, Defendant failed to participate in the trial.

Eventually, the Plaintiff gave evidence without the Defendant.

Even after Plaintiff’s evidence, hearing notice was again served on Defendant to appear and cross examine Plaintiff’s witness but once again she failed to do so.

The case of the Plaintiff, as can be deduced from its pleadings is that, it is a non-banking financial institution and a limited liability company and authorized by the Bank of Ghana to provide loans and credit facilities to its customers.

That the Defendant applied for and was granted a loan facility of GH¢80, 000 to complete payment for a KIA Sorento vehicle.

The loan was approved for the Defendant on 30th May, 2018 for twelve months commencing 30th May, 2018 and to expire on 31st May, 2019. The loan agreement executed between