HFC BANK GHANA LIMITED vs. NAASEI BOAKYE ENTERPRISE LIMITED & NAASEI BOAKYE

This ruling seeks to determine the merits of the preliminary legal objection in relation to a motion on notice for judicial sale of mortgage property. The said motion was filed on 10/11/2016 and the respondents filed an affidavit in opposition to the motion as well as a supplementary affidavit on 22/11/2016 and 13/10/2017 respectively. Subsequent to the filling of the motion, several attempts were made to settle the matter out of court but the efforts fell through. When the motion finally came up for hearing on 23/10/2017, counsel for the defendants/respondents raised a preliminary legal objection to the motion. Counsel for the respondents submitted that the preliminary legal objection is founded on the ground that the non-registration of the deed of mortgage sought to be enforced is contrary to the clear provisions of the Mortgages Act,1972 (NRCD 96) particularly section 3(2) as well as section 24(1) of the Land Registry Act, 1962 (Act 122). Counsel submitted that a mortgage is an...