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DUAH GROFIN AFRICAN FUND
V.
COLLBOY ENTERPRISES LTD. & 2 ORS

(2021) JELR 109778 (SC)

Supreme Court 1 Dec 2021 Ghana
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- This case involves an appeal against a ruling of the High Court regarding a motion for an order to take possession of a property under the Borrowers and Lenders Act, 2008. - The Respondent is a financial company that granted a loan to the

Case Details

Suit Number:NO. J4/02/2021
Judges:APPAU, JSC (PRESIDING) OWUSU (MS.), JSC LOVELACE-JOHNSON (MS.), JSC HONYENUGA, JSC PROF. MENSA-BONSU (MRS.), JSC
Counsel:SEAN K. POKU FOR THE APPLICANT/RESPONDENT/RESPONDENT. MATTHEW APPIAH FOR THE REPONDENTS/APPELLANTS/APPELLANTS.

JUDGMENT

HONYENUGA JSC

This appeal is against the Ruling of the High Court on a motion on notice for an order for a warrant to realise and /or take possession under the Borrowers and Lenders Act, 2008, Act 773. The High Court granted the application in favour of the Applicant/Respondent/Respondent as against the 1st, 2nd, 3rdRespondents/Appellants/Appellants to take possession of the property No. 67(Sector 2, Gbawe, North Accra pursuant to Act 773. Aggrieved with the Judgment of the High Court the 1st, 2nd, 3rd Respondents/Appellants/Appellants filed an appeal tothe Court of Appeal and thence to this court. The Applicant/Respondent/Respondent would be referred to as the Respondent, while the 1st, 2nd and 3rd Respondents/Appellants/Appellants would simply be referred to as the Appellants.

BACKGROUND

The Respondent is a limited liability company engaged in the business of granting financial facilities among others.  On the 14thday of May, 2012, the 1st Appellant applied for and was granted …

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