TRUE LIFE MICROFINANCE vs. STELLA AKPA

In an application under section 33 of the Borrowers and Lenders Act, Act 773 by the Application for warrant to possess the security used as collateral for a loan of Gh¢20.000.00 advanced to the Respondent, the latter has raised per paragraph 5 of its affidavit in opposition that: “the application does not comply with the Rules of Court and it is not clear whether it is originating motion or otherwise”. As I understood this deposition in paragraph 5 to be in the nature of a preliminary objection, the court invited the Respondent to argue this claim. I.B. Akwantey, Esq in providing substance to the objection claim that the application founded under section 33 of Act 773 seeks to oust the jurisdiction of the court and that a jurisdiction of a court cannot be ousted unless it is done in express and clear terms by the legislature as there is a presumption against ousting the jurisdiction of the court. Again counsel contends that the Applicant cannot proceed to court in the ...