TF Financial Services Limited v Sebef Company Limited and Others (CM/RPC/0438/24) [2025] GHAHC 102 (23 May 2025)

INTHESUPERIOR COURT OF JUDICATURE, INTHE HIGHCOURT OF JUSTICE, (COMMERCIALCOURT DIVISION6)HELDINACCRA ON FRIDAY THE23RD DAYOF MAY, 2025BEFORE HERLADYSHIP JUSTICESEDINA AGBEMAVA SUITNO.: CM/RPC/0438/24 TFFINANCIAL SERVICES LIMITED PLAINTIFF #30,INDEPENDENCE AVENUE RIDGE –ACCRA. VRS. 1. SEBEFCOMPANY LIMITED 2. BENJAMINKWASIADDEH 3. PERFECTADDEH ALL OFGPS ADDRESS GD–085-7021 ST. PETERS, OGBOJO,OPPOSITE OGBOJOTOTAL DEFENDANTS FUELLINGSTATION. 4. ST.VINCENT COLLEGE OF EDUCATION YENDI. --------------------------------------------------------------------------------------------------------------------- PARTIES: PLAINTIFFABSENT 1 2ND DEFENDANT - PRESENT REPRESENTING OTHER DEFENDANTS COUNSEL: ISAAC TETTEH OPANDOH HOLDING BRIEF FOR BRIGHT OKYERE-AGYEKUM FORTHE PLAINTIFFPRESENT NOLEGALREPRESENTATIONFORDEFENDANTS PRESENT CONSENT JUDGMENT A. WHEREAS: 1. On 5th April 2024, Plaintiff per Solicitors sued out a Writ of Summons and StatementofClaimagainst the Defendants for the following reliefs: a. Recovery of the sum of Fifty Thousand, Five Hundred and Sixty Ghana Cedis (GH¢50,560.00) being Defendants’ indebtedness to Plaintiff as of 26th March, 2024. b. Interest on the said Fifty Thousand, Five Hundred and Sixty Ghana Cedis (GH¢50,560.00) at the rate of 36% per annum from 27th March, 2024 till dateoffinal payment. 2 2. 1st to 3rd Defendants per Counsel filed their Statement of Defence on 12th June, 2024 having paid Ten Thousand, Eight Hundred Eighty-Nine Ghana Cedis (GH¢10,889.00) onaccount inApril, 2024. 3. The suit is ripe forhearing B. THE PLAINTIFF AND 1ST TO 3RD DEFENDANT HAVE AGREED TO SETTLE THESUIT AS FOLLOWS: 1. Consent Judgment be and hereby entered in favour of the Plaintiff against the 1st to 3rd Defendants jointly and severally for the sum of Sixty-Six Thousand and Seventy-One (GH¢66,071.00) being the indebtedness as of 1stFebruary, 2025. 2. Interest shall be frozen on the said Sixty-Six Thousand and Seventy-One (GH¢66,071.00). 3. The said Sixty-Six Thousand and Seventy-One (GH¢66,071.00) shall be paid by equal monthly instalments of Six Thousand Ghana Cedis (GH¢6,000.00)effective 31stMay,2025. 4. In the event of a Default, Plaintiff shall be at liberty to proceed into execution for the balance of the debt plus interest at 36% per annum calculable from2nd February,2025until dateoffinal payment. DATED ATACCRA20TH DAY OFMAY, 2025. 3 (SGD) (SGD) ……………………………………........... …………………………………… PLAINTIFF 1ST DEFENDANT NAME: ISAAC OSEI NAME: BENJAMINADDEH POSITION: HEAD, CREDIT& RECOVERY POSITION: MANAGING DIRECTOR (SGD) …………………………………… 2NDDEFENDANT NAME: BENJAMINADDEH (SGD) …………………………………… 3RDDEFENDANT NAME: PERFECTADDEH (SGD) (SGD) …………………………………………. …………………………………. COUNSEL FOR THE PLAINTIFF COUNSEL FOR THE 1ST TO 3RD DEFENDANTS BYCOURT 4 These Terms are hereby entered by the Court as the Consent Judgment of the Court and thesuit is accordingly struck outas settled. SEDINA AGBEMAVA J (JUSTICEOF THE HIGH COURT) 5