OMNIBANK GHANA LIMITED (PLAINTIFF) vs. SOUTH ATLANTIC PROPERTIES LTD AND CHARLES AKUN EGAN (DEFENDANT)

The instant application is an originating motion on notice filed pursuant to the Borrowers and Lenders Act, 2008, Act 773. It seeks an order of the court for a warrant to the Ghana Police Service to assist the applicant bank to possess and realise House Number 25/H/AT Korkordjor Street Mandela, New Weija, Accra and also an order for the reserved price for the auction sale of House Number 25/H/AT Korkordjor Street Mandela, New Weija, Accra. Attached to the motion is an affidavit and a number of exhibits in support of the application. After the service of the motion on them, the respondents filed affidavits in which they oppose the application brought by the applicant. The applicant says, by its affidavit, that the 1st respondent applied for a loan of GH₵1.3m from the applicant as a result of which the 2nd respondent used his personal property House Number 25/H/AT Korkordjor Street Mandela, New Weija, Accra as security and also executed a personal guarantee for the repayment of the f.....