NDK Financial Services v. Mikkmos Logistics Ltd and 2 Ors

The Plaintiff’s claim against the Defendants jointly and severally was for an amountof GH¢331, 305. 27 together with interest at the monthly rate of 5. 0% per monthfrom 31st July 2012 till date of final payment.

The Plaintiff also sued for costs andtheir attorney’s fee.

In the alternative, the Plaintiff also sued for a judicial saleof the 2nd Defendant’s landed property situated at Okpoi Gonno. The Defendants in their Statement of Defence stated that the loan the Plaintiffdisbursed to them was for the purchase of 2 DAF XF95 trucks for the carting ofgoods for DHL Supply Chain.

The DHL Supply Chain was to make payments in thejoint names of the Plaintiff and the 1st Defendant but had failed to do so.

As aresult, they deemed themselves not liable to the Plaintiff’s claim.

The issues set down for trial were as follows: 1. Whether or not 1st Defendant was indebted to Plaintiff in the sum of GH¢331, 305. 27 as at 31st July 2012? 2. Whether or not the 1st Defendant was entitled to receive payments from DHL before liquidating its indebtedness to Plaintiff? 3. Whether or not the Defendants have paid more of his debt than recorded? 4. Whether or not the Plaintiff is entitled to the reliefs? The Defendants were served with hearing notices for 4th and 16th December 2013but failed to attend court for hearing to commence.

In Ankumah v. CityInvestment Co.

Ltd (2007/2008) SCGLR 1064 it was held that a court was entitledto give a default judgment if a party failed to appear after he had been givennotice of the proceedings.

For then it would be justifiable to assume that he didnot wish to be heard.

The court therefore proceeded to hear evidence on the Plaintiff’s claim in spite ofthe Defendants’ refusal and/or failure to attend the hearing.

The Head of Loan Recovery of the Plaintiff Company gave evidence for and onbehalf of the Company.

It was the Plaintiff’s case that the 1st Defendant appliedfor and was granted a loan facility of GH¢250, 000. 00 in June 2011. This was to bepaid over a period of 12 months with a compound interest rate of 5. 0% per month.

The Plaintiff’s representative told the court that the 2nd Defendant in addition toexecuting a personal guarantee used his property situate at Okpoi Gonno, Accra ascollateral for the facility granted to the 1st Defendant.

The 3rd Defendant alsoexecuted a personal guarantee.

The witness tendered in evidence the loan andmortgage documents.

In Plaintiff’s Counsel’s address to the court, he submitted that the agr