BENJAMIN OFOSU ADOO & ORS vs. ACCESS BANK (GH) LTD, TLG PROPERTIES GH LTD

JUDGMENT INTRODUCTION The precursor to the filing of this Suit by the Plaintiffs against the Defendants is that, the Plaintiffs acquired their various properties from the 2nd Defendant and have been in lawful possession of same for several years until August 2018 when they noticed that the 1st Defendant had put notices of attachment of the whole 16 unit houses in their gated community known and described as Judeville Homes, Airport, Accra located on a parcel of land which was subject matter of a mortgage by 2nd Defendant in favour of the 1st Defendant. The 1st Defendant had advanced a facility of US$1,700,000.00 to the 2nd Defendant sometime in 2009 to enable it complete its 16 homes project and same was secured by a legal mortgage over the land on which the 16-units houses sit. The 2nd Defendant defaulted in the payment of the said facility and a judgment was obtained in favour of the 1st Defendant against the 2nd Defendant. Meanwhile the Plaintiffs had also long acquired their p...