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BSIC GHANA LIMITED
V.
GYAMFUA ABABIO INVESTMENTS LIMITED AND ANOR

(2019) JELR 65568 (HC)

High Court 18 Jun 2019 Ghana
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- The Plaintiff/Applicant sought an order for preservation of a property located at Plot No. 4, 16th Street, Section 3, Atasomanso Layout, Kumasi, which was mortgaged to secure a loan facility that the 1st defendant/respondent defaulted on.

Case Details

Suit Number:SUIT NO: BFS/33/2019
Judges:HIS LORDSHIP JUSTICE DR. RICHMOND OSEI-HWERE
Counsel:KAMIL MOHAMMED IDDRISU FOR THE PLAINTIFF/APPLICANT,MUJEEB RAHMAN AHMED FOR THE DEFENDANTS/RESPONDENTS

RULING

 OSEI-HWERE, J.

In this application, the Plaintiff/Applicant (hereinafter called the “Applicant”) is praying for an order for preservation of the immovable property located at Plot No. 4, 16th Street, Section 3, Atasomanso Layout, Kumasi.

This application is supported by a 10 paragraph affidavit filed on behalf of the applicant on 15th February, 2019.

It is the applicant’s case that the instant suit stems from the 1st defendant’s/1strespondent’s default in paying credit facilities extended to it by the applicant despite the fact that the facilities have been called in and various demand notices have been served on the 1st respondent. The applicant contends that since the aforesaid property which belongs to the 2nd respondent was mortgaged to secure the loan facility, it is just and convenient for the property to be preserved by the court to prevent the dissipation of the same by the 2nd respondent. Counsel for the applicant submits that the application is grounded under Order 25 ru…

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