GWIRA
V.
STATE INSURANCE CORPORATION

(1991) JELR 65303 (SC)    
Supreme Court  ·  21 Mar 1991 ·  Ghana
 · 
Other Citations
[1991] 1 GLR 398
CORAM
AMUA-SEKYI JSC, OSEI-HWERE JSC, AIKINS JSC, EDWARD WIREDU JJ.S.C., ESSIEM J.A.
Core Terms Beta
plaintiff
court
sale
judgment
foreclosure
order
court of appeal
appeal
high court
aboagye j.
deposit of title deeds
equitable mortgagee
law of property act
order of foreclosure
plaintiff’s action
additional judge of the high court
chancery procedure act
first place
judgment of the court of appeal
favour of the defendants
learned chief justice’s holding
legal practitioner of standing
mortgaged property
mortgages decree
remedy of foreclosure
said sale
sale of such property
state insurance corporation
ancillary claim
authority of the plaintiff
court ought
due repayment of the loan
evidence shows
first defendant-corporation
following indorsement
foreclosure of such equity of redemption
hands of his present solicitors
late amoo-lamptey
main grounds of complaint
mere deposit of title deeds
mortgages act
old english statute
record shows
remedy of an equitable mortgagee
remedy of sale
request of the mortgagor
respect of the said premises
sale of property premises no.16
statutory provisions
title deeds

AMUA-SEKYI J.S.C.: In 1965 the plaintiff, a lawyer and a diplomat, borrowed the large sum of £10,000 from the State Insurance Corporation for the purpose of erecting a dwelling-house on a plot of land at East Cantonments, Accra. As security for the due repayment of the loan the plaintiff deposited his title deeds with the corporation. He failed to honour his promise, and in 1971 the corporation took him to court. His answer, it seems, was that he had not the means with which to pay back the loan. This sounded rather hollow as the building had been completed and rented out to a reputable company.

Both the plaintiff and his counsel, the late Amoo-Lamptey, must have realised that there was no way the corporation could be denied relief. The record shows that when the case was called before Aboagye J. the plaintiff through his counsel submitted to judgment. On their writ the corporation had asked for foreclosure or sale. The court granted both, leaving them to choose whichever they found th…

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