IN THE SUPERIOR COURT OF JUDICATURE
IN THE HIGH COURT (COMMERCIAL DIVISION)
KUMASI - A.D 2018
JISLAH FINANCIAL LIMITED & ANOR - (Plaintiff)
TCP MONEY LENDING LIMITED & ORS - (Defendant)
DATE: 11 TH JULY, 2018
SUIT NO: RPC/53/17
JUDGES: ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT
EDDIE YAO HARVEY FOR PLAINTIFF
ISAAC BERKO FOR DEFENDANTS
It is provided Under Order 14 rule (1) of the High Court (Civil Procedure) Rules, 2004, C.I. 47 that:
“Where in an action a Defendant has been served with a statement of claim and has filed appearance, the Plaintiff may on notice apply to the Court for judgment against the Defendant on the ground that the Defendant has no defence to a claim included in the writ, or to a particular part of such a claim or that the Defendant has no defence to such a claim or part of a claim, except as to the amount of any damage claimed.
However, under the Commercial Court Rules, Order 58 at C.I. 47, specifically rule 3 (2).
“Applications for summary judgment or judgment on admissions shall not be filed until after the pre-trial settlement conference. The Plaintiff herein instituted an action to recover the sum of GHC 1,276,938.48, interest thereon and general damages from the Defendant. The Defendants filed a statement of defence and admitted the sum claimed, but with a caveat that the said amount includes interest. Having gone through a pre-trial Settlement Conference, the instant application is proper and there are sufficient grounds as contained in the supporting affidavit for the same to be granted. More importantly, the Defendants have not opposed the application.
A perusal of the processes filed, particularly, the indorsement on the writ of summons indicates, that the Plaintiff is claiming interest from 15/05/2017 and not interest which had accrued before that date. The inference is that all accrued interest before 15/05/2017 had been added to the principal. In the circumstance, the Court hereby grants a summary judgment against the Defendants jointly and severally in the sum of GHC 1,276,938.48. The Plaintiff cannot be denied interest on this sum because the Defendants have denied it the use of that money which could have been invested in other ventures.
On the authority of Akoto v. Gyamfi Addo (2005/2006) SCGLR 1018, the Court hereby grants the relief for interest on the sum of GHC 1,276,938.48. The rate of interest shall be the prevailing Commercial Bank rate and at simple interest. Relief (iii) for general damages is struck out as abandoned.
Cost of GHC 100,000.00 is awarded against the Defendants in favour of the Plaintiff.