[2019]DLHC6884 • June 18, 2019 • High Court
BSIC GHANA LIMITED vs. GYAMFUA ABABIO INVESTMENTS LIMITED AND ANOR
The plaintiff, BSIC Ghana Limited, extended credit facilities to the 1st defendant, Gyamfua Ababio Investments Limited, secured by a mortgage over a property belonging to the 2nd defendant. The 1st defendant defaulted on repayment despite demand notices. The plaintiff sought a preservation order over the mortgaged property to prevent its dissipation pending final determination of the suit.
read moreIn this application, the Plaintiff/Applicant (hereinafter called the “Applicant”) is praying for an order for preservation of the immovable property located at Plot No. 4, 16th Street, Section 3, Atasomanso Layout, Kumasi. This application is supported by a 10 paragraph affidavit filed on behalf of the applicant on 15th February, 2019. It is the applicant’s case that the instant suit stems from the 1st defendant’s/1strespondent’s default in paying credit facilities extended to it by the applicant despite the fact that the facilities have been called in and various demand notices have been served on the 1st respondent. The applicant contends that since the aforesaid property which belongs to the 2nd respondent was mortgaged to secure the loan facility, it is just and convenient for the property to be preserved by the court to prevent the dissipation of the same by the 2nd respondent. Counsel for the applicant submits that the application is grounded under Order 25 rule 2 o...