HFC BANK GHANA LTD vs. OGA FLODELA COMPANY LTD AND 2 OTHERS

Before me is an application filed on notice praying the Honourable Court for an order of judicial sale of the 2nd Respondent’s property described as Plot 36 Block XI, Suame Extension, Kumasi which was used as a mortgaged for a credit facility granted to the 1st Respondent or in the alternative, or both, the immediate payment of an amount of GHC 1,705,813.59 to the applicant. The grounds of the application are contained in the affidavit in support filed on 10/11/2016 and a supplementary affidavit filed on 08/02/2017. The Respondents are opposed to the application and have demonstrated the grounds in their affidavits in opposition. They filed the respective affidavits on 14/12/2016. The 1st and 3rd Respondents presented a joint affidavit which was deposed to by Baah Frimpong, the 3rd Respondent while the 2nd Respondent’s affidavit was deposed to by one Nana Frimpong. In his oral submissions, learned counsel for the applicant gave the background of the application by relying on the...