DR. TONY ANTWI MENSAH vs. ATHENA FOODS COMPANY LTD AGRICULTURAL DEV. BANK

MARFUL-SAU, JA: This appeal relates to an interpleader action that was commenced in the High Court by the claimant/ appellant Bank, the Agricultural Development Bank, which will be referred to in this appeal simply as the appellant. The respondent, Dr. Tony Antwi Mensah had obtained judgment against his former employer Athena Foods Company Ltd and in enforcing the said judgment levied execution against a landed property of the company; which property the company had been mortgaged to the appellant herein. This mortgage was not registered. The case was set down for legal argument since from the affidavits filed in the proceedings one fundamental issue was raised. The issue related to the legal effect, if any, of an unregistered deed of mortgage. The case of the respondent against the claimant was simply that the non-registration of the mortgage deed made it unenforceable. In other words since the mortgage was not registered the claimant had no interest in the property so mortgaged. ...