Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



BSIC GHANA LIMITED
V.
GYAMFUA ABABIO INVESTMENTS LIMITED AND ANOR

(2019) JELR 65568 (HC)    
High Court  ·  SUIT NO: BFS/33/2019 ·  18 Jun 2019 ·  Ghana
CORAM
HIS LORDSHIP JUSTICE DR. RICHMOND OSEI-HWERE

Ratio Decidendi

Core Terms Beta
court
admission
applicant
order
counsel
rule
issue
joinder of issue
mortgaged property
exhibit j
material fact
allegation of fact
different property
implied admission
paragraph affidavit
statement of defence
useful purpose
aforesaid property
applicant’s case
application of any party
application of a party
approval of a statement
behalf of the applicant
civil procedure
deed of discharge of the mortgage property
essentials of ghana law of evidence
final determination of the case
formal admission
general statement
high court
informal admission
justice brobbey
law dictionary
main types of admission
material part of their case
mortgage agreement
personal effects
possession of any party
possession of a party
preservation of the immovable property
right of a party
said substitution
subject-matter of the cause
such documentary evidence
understanding of the combined effect of rule

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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