Applicant/Respondent on the 2nd of June, 2017 filed an application under section 33(b) and 34(2) of the Borrowers and Lenders Act, 2008, Act 773 asking the court for a warrant to possess and realize what he claims to be a charged mortgage property situate at Kwabenya, near Accra to satisfy what Applicant/Respondent contend is the failure of the Respondent/Applicant to repay monies advanced to him as loans.
This motion before me attacks the propriety of the application for sale of the mortgage property on several fronts and Respondent/Applicant prays for the dismissal in limini of the application mounted under the Borrowers and Lenders. The substance to the application is provided in a 20 paragraph affidavit and supplementary affidavit filed in support of the application which can be summarized as follows:
First Respondent/Applicant claim he has never taken any loan of Gh¢74,000.00 from the Applicant company to necessitate any application for warrant to possess his property. And that it …