UNIBANK GHANA LIMITED vs. MANASSEH RHEMA LTD & 4 ORS

1 Void actions on grounds of non-conformity with provisions of statute – s.32, Borrowers and Lenders Act, 2008 (Act 773) 2 Requirement of demand notice 30 days prior to commencement of mortgage action. 3 Jurisdiction - Courts mandate on such breach of statute. 1.0 Background 1.1 Plaintiff is a local banking institution. 1st defendant is a local corporate fuel retailer that also operates other auxiliary businesses in the nature of restaurant, rest stop, car-washing, as well as lubrication services. 3rd defendant is a director, whilst 2nd defendant is the managing director of the company. The 4th and 5th defendants are the surety mortgagors who plaintiff claims gave up their landed properties as mortgages for grant of the facility. 1.2 Plaintiff’s claim against defendants severally and jointly for the following reliefs: i Recovery of the sum of One Million Two Hundred and Forty-Six Thousand One Hundred and Twelve Ghana Cedis twenty-One Pesewas (GHS1, 246, 112, 21) being ...