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IFS FINANCIAL SERVICES
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FARMERS ALLIANCE CO LTD

(2017) JELR 108472 (HC)

High Court 3 Mar 2017 Ghana
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- The plaintiff loaned GH¢150,000.00 to the 1st defendant, secured by a legal mortgage on a residential property belonging to the 4th defendant. - The directors of the company (2nd, 3rd, and 4th defendants) signed a joint and several guaran

Case Details

Suit Number:SUIT NO. AC/1/2013
Judges:R.B. BATU, J
Counsel:FRANCIS OSEI BONSU FOR BRIGHT OTCHERE AGYEKUM - PRESENT

BY COURT: JUDGMENT

In 2012, the 1st Defendant took a loan of GH¢150,000.00 from the Plaintiff. The  loan was secured by legal mortgage over residential property situate at New Abossey  Okai belonging to the fourth Defendant. In addition, the Directors of the company 2nd,  3rd and 4th Defendants signed a joint and several guarantee for the payment of the loan.  The 1st Defendant defaulted in meeting the terms of payment and the plaintiff took an  action in court against all the Defendants. After obtaining judgment, the Plaintiff had the property of the 4th Defendant attached by writ of Fi Fa. The sale of the property not fully  satisfying the judgment debt, the Plaintiff caused the Deputy Sheriff to attached the  property in question here by a writ of Fi fa. The property is described as “NANA KOJO  LINDSAY HOUSE AT SUKURA, ACCRA”. 

The Claimant field a NOTICE OF CLAIM stating: - 

“The residential property situate at Sukura, Accra, described in the Notice of  attachment herein as “NANA B…

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