BOND SAVINGS AND LOANS LIMITED vs. MR. GEORGE KWAME AME MANFUL

AVRIL LOVELACE-JOHNSON (J.A): On 10th April 2017 the High Court granted the Respondent’s ex- parte application for a warrant to take possession pursuant to section 34(2) of The Borrowers and Lenders Act, 2008, Act 773. The present Appellant’s application to set aside the said warrant was refused by the court on 30th October hence this appeal. The Appellant filed six grounds of appeal as following i. That the learned Judge erred in law when he came to the conclusion that the Respondent/Appellant was not entitled to notice of an originating process pursuant to Section 34 of the Borrowers and Lenders Act, 2008 (Act 773) when in fact the Applicant/Respondent was seeking to enforce a right of possession by Court action. ii. That the learned judge committed an error of Law when he came to the conclusion that the court cannot confer right of notice based on common law principles and provisions of subsidiary legislation in making applications to court pursuant to section 34 of the ...