[1993]DLSC858 • May 26, 1993 • Supreme Court •
REPUBLIC vs. HIGH COURT, ACCRA; EX PARTE CHINTO
The applicant, Diana Chochoo Chinto, mortgaged her residential property to La Community Bank Ltd as security for a loan guaranteed by Kotex Ltd. When Kotex Ltd defaulted on the loan, the bank instituted proceedings against Kotex Ltd alone for judicial sale of the mortgaged property. The High Court ordered the judicial sale without joining the mortgagor, Ms. Chinto, who was the actual owner and occupant of the property.
read moreThis is an application by Diana Chochoo Chinto for an order of certiorari to bring up and quash the proceedings in the suit instituted in the High Court, Accra bearing the number OS 1955/91 and titled La Community Bank Ltd v Kotex Ltd, High Court, 8 November 1991, unreported and the resultant judgment therein ordering a judicial sale of all that piece or parcel of land with a building or buildings thereon, the property of Diana Chochoo Chinto, the applicant herein, situated at north La, Accra and mortgaged to secure the indebtedness of Kotex Ltd to the La Community Bank Ltd. Sometime in 1990 the applicant guaranteed the indebtedness of a registered liability company, Kotex Ltd based in La, Accra, to the La Community Bank Ltd, and by way of further security mortgaged her land with a house thereon in which she lives to the said bank in an indenture of mortgage dated 20 June 1990 and registered at the Land Registry as instrument No 1796/1990. When the company failed to repay the loa...