BENJAMIN OFOSU ADOO & ORS VS ACCESS BANK (GH) LTD. & ANOR

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 properties from the 2nd Defendant and were in possession of same.

It is the execution of the judgment obtained by the 1st Defendant against the 2nd Defendant that triggered the instant suit in which the Plaintiffs sought the following reliefs against Defendants: -a) An order setting aside the judgment for judicial sale entered on 31st October 2017 against the Plaintiffs’ properties together with all the execution processes issued in the suit titled: Access Bank Ltd. vrs. TLG Properties (Suit No. BFS/144/15) as having been procured by fraud on the Plaintiffs and the Honourable Court, and without lawful justification.

b) Declaration of titles of Plaintiffs’ respective properties.

c) An order that the alleged mortgage and any judgment procured thereon are not enforceable against the Plaintiffs as same were executed and procured without due notices to the Plaintiffs or in the alternative, an order of perpetual injunction restraining the Defendants from enforcing any mortgage against Plaintiffs’properties.

d) An order for the recovery of the Plaintiffs full costs including legal fees for this suit assessed at approximately 10% of the total purchase price of the Plaintiffs’properties.

For the instant suit three (3) properties are involved.

1st Plaintiff pleaded and testified in Court in respect of his property No. 10 Park Avenue, the 2nd and 3rd Plaintiffs are husband and wife and 3rd Plaintiff also pleaded and testified for herself and on behalf of the 2nd Plaintiff (her now decease