EVADOX LTD
V.
SAHEL SAHARA BANK LTD AND SAHEL SAHARA BANK
V.
EVADOX LTD AND ANOTHER

(2018) JELR 69593 (HC)    
High Court  ·  SUIT NO. CM/BDC/0237/18 ·  19 Nov 2018 ·  Ghana
CORAM
ERIC K. BAFFOUR ESQ. JUSTICE OF THE HIGH COURT
Core Terms Beta
applicant
respondents
properties
application
sale
parcel of land
court
contrary intention
mortgage
mortgaged properties
mortgages
prospective buyers
statutory right of redemption
akim oda
applicant of the intention of the respondents
applicant’s issuance
civil procedure
consent of applicant
consent of the bank
contravention of the mortgaged agreements
counter claim
counter claimant
discharge of the mortgages
due notice
following cases
further mortgage
have clause
heart of this application
high court
interest of the applicant
interlocutory injunction
interlocutory order
land documents
lands commission
leasehold of the mortgaged property
middle ages
mortgaged agreements
nature of interlocutory injunction
orders
owusu v owusu ansah
part of the mortgaged property
part of the respondents
sale of the said properties
sale proceeds
such conduct
such transfers
third party
vanderpuye v nartey

Defendant/Counter Claimant/Applicant has brought this application for orders in nature of interlocutory injunction to restrain the Respondents/Defendants to the counter claim and their agents, assigns, and persons claiming through them from transferring, leasing, selling, encumbering, disposing or otherwise dealing with nine properties that were used by the 1st Respondent to secure loans granted by the Applicant as well the use of some of some of the properties by 1st Respondent as securities for Applicant’s issuance of Bank guarantee to enable 1st Respondent access a Fifteen Million Cedis from COCOBOD as seed fund.

To Applicant due to the nature of some of the documents evidencing ownership which were incomplete the 1st Respondent undertook to regularize the land documents after the disbursement of the credit facilities to enable Applicant proceed to perfect the mortgages. Applicant contend that 1st Respondent has defaulted in the repayment of the loans and same has been restructured …

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