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GROFINAFRICA FUND (GH) LTD
V.
COLL BIY ENTERPRISES LTD AND 2 OTHERS

(2018) JELR 64581 (HC)

High Court 9 May 2018 Ghana
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- The applicant sought an order for a warrant to take possession of a property in Gbawe North, Accra, known as plot no. 67 (Sector F), due to the respondents' failure to repay a loan. - The 1st respondent had applied for a loan of GH¢215,00

Case Details

Suit Number:SUIT NO. MISC/0132/17
Judges:GEORGE K. KOOMSON JUSTICE OF THE HIGH COURT
Counsel:SEAN POKU FOR APPLICANT ,KWAME BOAFO FOR RESPONDENTS

KOOMSON J.

In this application, the applicant prays this court for an order for warrant to realize and or take possession of the property situate at Gbawe North, Accra in the Greater Accra Region known as plot no. 67 (Sector F).

The respondents resist the application. The case of the applicant is that the 1st respondent applied for a loan facility in the sum of GH¢215,000.00 on the 14th of May, 2012 at an agreed interest rate of 24.25% per annum. The purpose of the facility was for the 1st respondent to augment its capital. The 2nd respondent is the managing director or the Chief Executive of the 1st respondent. It is the case of the applicant that the 2nd respondent personally guaranteed the loan for and on behalf of the 1st respondent. Furthermore, the applicant contends that the 2nd and 3rd respondents who are both directors and shareholders of the 1st respondent company, provided 3rd party legal mortgage over the property which has been described earlier on in this ruling. The appli…

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