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ELECTROLAND GHANA LTD vs WONDER AKORTIA & ANOR

2024

HIGH COURT

GHANA

CORAM

  • HIS LORDSHIP, JUSTICE PATRICK BAAYEH(J)

Areas of Law

  • Property and Real Estate Law
  • Evidence Law
  • Commercial Law

AI Generated Summary

The Plaintiff obtained judgment to recover a monetary sum from the Defendant and attached the Defendant's immovable property for execution. The Claimant contended that the property was encumbered by a legal mortgage securing a loan. However, the Claimant did not produce mortgage documents and only had title deeds deposited as collateral. This led the court to examine whether such deposit constitutes a legal mortgage. The court held that a mere deposit does not create a legal mortgage and dismissed the Claimant's claim for failing to demonstrate a legal mortgage or any interest warranting discharge of the property from execution.

JUDGMENT