Ratio Decidendi



BOND SAVINGS AND LOANS LIMITED
V.
MR. GEORGE KWAME AME MANFUL

(2019) JELR 69657 (CA)    
Court of Appeal  ·  SUIT NO. H1/169/2018 ·  24 Jan 2019 ·  Ghana
CORAM
J. HONYENUGA (J.A) PRESIDING, AVRIL LOVELACE-JOHNSON (J.A), AGBEVOR (JA)

Ratio Decidendi

Core Terms Beta
notice
section
learned judge
notice of the application
high court
act of parliament
error of law
lenders act
right of possession
loan facility
possession of the property
anti-money laundering act
audi alteram partem
breach of the rules of natural justice
chief executive officer
clear breach of the rules of natural justice
court action
court proceedings
default of notice
disciplinary committee
enforcement of right of possession
ex parte application
first place
following steps
grounds of appeal
high court civil procedure rules
high court judge
lenders act states
matter ie
merits of the case
notice of an originating process
order of police warrant
parte application
present appellant’s application
provisions of order
provisions of subsidiary legislation
purpose of the requirement of notice
record shows
related matters
respondent’s ex
said warrant
spite of several demand notices
state institution
subject matter
submission of counsel
such proceedings
supreme court
words of the statute

JUDGMENT

AVRIL LOVELACE-JOHNSON (J.A)

On 10th April 2017 the High Court granted the Respondent’s ex- parte application for a warrant to take possession pursuant to section 34(2) of The Borrowers and Lenders Act, 2008, Act 773.

The present Appellant’s application to set aside the said warrant was refused by the court on 30th October hence this appeal.

The Appellant filed six grounds of appeal as following

i. That the learned Judge erred in law when he came to the conclusion that the Respondent/Appellant was not entitled to notice of an originating process pursuant to Section 34 of the Borrowers and Lenders Act, 2008 (Act 773) when in fact the Applicant/Respondent was seeking to enforce a right of possession by Court action.
ii. That the learned judge committed an error of Law when he came to the conclusion that the court cannot confer right of notice based on common law principles and provisions of subsidiary legislation in making applications to court pursuant to section 34 of the Borrowers…
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