GH - SOCIETE GENERALE LTD VS LETICIA ANAAFI

This is an action brought by the Plaintiff, a body corporate duly incorporated under the laws of Ghana to carry on the business of banking to recover certain credit facilities and loans (collectively referenced hereafter as the “Facilities”) it gave to the Defendant, its customer, upon her request. Consequent upon the failure of the Defendant to repay the said Facilities, in spite of the demands made

on her so to do, the Plaintiff caused a Writ of summons to be issued against her on April 4, 2017, subsequently amended on August 14, 2018 pursuant to the order of the court, to claim the following reliefs:

“a. Recovery of the sum of GHS42,006.41 (forty-two thousand and sic Ghana cedis, forty-one pesewas) from the Defendant.

b. Interest on the said sum of GHS42,006.41 (forty-two thousand and sic Ghana cedis, forty-one pesewas) at a rate which is 6% per annum above the prevailing bank rate from 30th November, 2016 till date of final payment.

c. Judicial sale of the Hyundai with registration number GN4207Y in satisfaction of the Judgment debt.

d. Judicial sale of the machinery and equipment assigned to the Plaintiff.”

Defendant entered appearance through her counsel on October 10, 2017 and thereafter filed her statement of defence on February 6, 2018. After pre-trial settlement broke down, the case was referred to this court for trial. The following issues were set down for trial:

1. Whether or not the instant action is premature

2. Whether or not the interest on the facilities are oppressive and burdensome

3. Whether or not the Plaintiff is entitled to its reliefs.

The court on June 20, 2018 entered case management orders which required the parties to file their respective witness statements, paginated bundles of all their supporting documentary evidence and pre-trial check lists and adjourned to July 23, 2018 for case management conference. Despite being served with a copy of the court notes of June 20, 2018 and hearing notice for the adjourned date for case management conference, the Defendant failed to comply with the stated case management orders. The case suffered a number of adjournments after July 23, 2018 at the instance of the parties but the Defendant still failed to take advantage of the opportunity to comply with the orders of the court. The case was finally adjourned to April 11, 2019 for case management to take place. On the April 11, 2019, the court in conducting case management and in compliance with Order 32 rule 7A(3)(b) of the Hi

“a. Recovery of the sum of GHS42,006.41 (forty-two thousand and sic Ghana cedis, forty-one pesewas) from the Defendant.

c. Judicial sale of the Hyundai with registration number GN4207Y in satisfaction of the Judgment debt.

d. Judicial sale of the machinery and equipment assigned to the Plaintiff.”

1. Whether or not the instant action is premature

2. Whether or not the interest on the facilities are oppressive and burdensome

3. Whether or not the Plaintiff is entitled to its reliefs.

SOCIETE GENERALE LTD VS LETICIA ANAAFI

Areas of Law

JUDGMENT