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The record of this Court clearly shows that the Defendant has failed to file its defence to the suit within the timelines set by the Rules. Having heard both Counsel on the present Application for Judgment in default of Defence it also becomes obvious that the Defendant had no reason to think that it had no further liability to the Plaintiff, after payment of the principal sum owed.
I say so because it is trite learning that a Creditor will be entitled to the payment of interest for being kept out of his money by a Debtor. See the cases of HELOO V TETTEY (1992) 2 GLR 112 AND KAMA HEALTH SERVICES LTD VRS UNILEVER GHANA LTD (2013 – 2014) 2SCGLR 861.
This Court is also empowered to award costs in deserving cases. I therefore consider the Plaintiff’s prayer in respect of Reliefs (b) and (c) deserving.
In the result I award the Plaintiff interest on the said sum of One Hundred and Forty-Nine Thousand Eight Hundred and Twenty-Four Ghana Cedis (GH¢149,824.00) at the prevailing 91-day treasury bill rate from the 30th day of March, 2022 till date of final payment.
I award the Plaintiff Costs of Ten Thousand Ghana Cedis (GH¢10,000.00) against the Defendant.
(SGD)
MRS. AKUA SARPOMAA AMOAH
JUSTICE OF THE HIGH COURT