UT FINANCIAL SERVICES v. FRANK ATO ABRAHAM & 2 OTHERS

TORKORNOO (MRS. )J. A.

I The plaintiff/respondent claimed against three defendants recovery of GHC 1, 543, 552.

10 with compound interest computed at 6% a month from 23rd February 20 IO to date of final payment; an order setting aside the fraudulent sale of 2nd and 3rd defendant's properties to third parties on account of their having been used to secure the loan facility advanced to I st defendant; and alternatively, an order of judicial sale of Trazville International School which is 2nd defendant's property at Maccarthy Hill and 3rd defendant's property at Zero, Gbawe.

l Appearance was entered for all three defendants by counsel named Isaac Gyasi Nimako.

A defence was then filed for the 1st defendant who is the appellant in this appeal.

In Paragraph 6 of the Statement of Defence, it was pleaded 6. 'The l" defendant denies partially paragraph 11 of the Statement of Claim 'The plaintiff/respondent filed an application for particulars of the word 'partially' in the said paragraph 6 of the Statement of Defence which it described in the supporting affidavit as 'unclear and ambiguous'. See page 11 of the Record of Appeal (ROA). When the application came up for hearing, the defendant/appellant was recorded as served but absent from court (see page 12 of the ROA). The learned trial judge, after listening to the plaintiff respondent's counsel, ordered'that leave be and is hereby granted to the plaintiff to file interrogatories on the defendant to give particulars of their pleadings per their statement of defence within 14 days from today'. ( emphasis mine)This.

order dated 16th July 2010 was headed 'ORDER FOR LEA VE TO FILE PARTICULARS'. On 21st July 2010, the respondent filed a process headed 'INTERROGATORIES.

It read'On behalf of the above-named Plaintiff for the examination of the above-named defendants pursuant to the order herein dated the 16th day of July 2010 1. Did you obtain a loan facility from the Plaintiff 2. When did you obtain the loan 3. How much was the loan facility? 4. Have you paid the said loan with all the interest 6. Are you indebted to the Plaintiff 7. How much was your indebtedness to the Plaintiff as at 23rd February 2010'According to appellant, the order of the court was not served on the appellant or his counsel.

However the respondent served the appellant's counsel with the process containing the interrogatories on 12th August 2010.

On 21st October 2010, the respondent filed an application under Order 22 rule 6 of the High Co