TRUE LIFE MICROFINANCE vs. STELLA AKPA

The Applicant, a microfinance lender, advanced a loan of GH¢20,000.00 to the Respondent and took security registered at the Bank of Ghana Collateral Registry. Upon alleged default, the Applicant served a statutory notice under the Borrowers and Lenders Act, 2008 (Act 773), attached the loan agreement, notice of default, and statement of account, and then applied to the High Court for a warrant to possess the secured property. The Respondent opposed the application, contending principally that the application was procedurally defective, that Act 773 purported to oust the court’s jurisdiction, and that the lender ought first to establish liability by writ before seeking possession. Portion of judgment: “Applicant has attached the loan agreement, the notice issued to Respondent of her liability and the loan account statement showing how much the Respondent owes…”, and “the application under section 33 of the Borrowers and Lenders Act, Act 773 [is] for warrant to possess the security used as collateral for a loan of Gh¢20.000.00 advanced to the Respondent…”

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 ...