GUD HEART QUARRY AND CONSTRUCTION vs CAPSTONE CAPITAL LIMITED

RULING I have listened to the submissions for and against the motion filed by the Applicant herein on 3rd October, 2023. I have also gone through the documents filed in support and in opposition to the application. It is trite law, that if a statute provides a remedy but does not prescribe the means by which the remedy can be obtained, a party can approach a court for such remedy by any of the known process of approaching the court, such as by motion. See: REPUBLIC v CENTRAL REGIONAL HOUSE OF CHIEFS AND OTHERS; EX PARTE GYAN IX (ANDOH X – INTERESTED PARTY) [2013-2014] 2 SCGLR 845 It is therefore my view, that the Applicant’s application has properly invoked the jurisdiction of the court to determine the merits of the application. In this application, the Applicant contends that the property it used to secure the loan from the Respondent is house No. 1, Regent Close, Mayfair Gardens, Upper Airport Hills and not house No. 4, Regent Close, Mayfair Gardens Upper Airport Hil...