IN THE SUPERIOR COURT OF JUDICATURE
IN THE HIGH COURT (COMMERCIAL DIVISION)
ACCRA - A.D 2018
GHL BANK LTD - (Plaintiff)
ROSEMARY DANKYI - (Defendant)
DATE: 24 TH MAY, 2018
SUIT NO: MISC/0010/18
JUDGES: GEORGE K. KOOMSON JUSTICE OF THE HIGH COURT
LAWYERS: NITA STEEL FOR APPLICANT
This is an application for warrant to take possession of unnumbered property near ACP Estates, Pokuase near Accra. I have read the application and the supporting affidavit. I have given consideration to the oral submission of counsel for the applicant. Thoughtful consideration has been given to Section 13 of the Home Mortgage Finance Act (Act 770) of 2008. It is noted that the Respondent was given opportunity to settle the arrears but failed to do so.
Respondent also failed to file any affidavit in this matter.
The affidavit evidence filed in this case by the Applicant especially Exhibit ‘A, B, C, and ‘D’ clearly demonstrate that the Applicant granted the facility to the Respondent for which the property the subject matter of this application was used as security. From Exhibit A and H, I am satisfied that the Respondent is in default. It is my considered opinion that the Applicant has shown to the satisfaction of this court that the Respondent has failed to honour her repayment obligation and despite a formal demand on her the
Respondent has failed to settle her indebtedness for which reason the Applicant is entitled to take possession of the mortgaged property in accordance with Act 770 of 2008. Accordingly, the application is granted. Let the Applicant take possession of the unnumbered property being and situate at Pokuase near the ACP Estates with the assistance of the Ghana Police Service, Pokuase. I make no order as to costs.