February 23, 2026
HIGH COURT, COMMERCIAL COURT DIVISION “8” LAW COURT COMPLEX
GHANA
CORAM
Try asking the following...
On 3rd February 2025, Counsel for and on behalf of the Applicant, filed an originating motion on notice pursuant to Section 18 of the Mortgages Act, 1972 (NRCD 96) against the Respondents, praying for the judicial sale of the under-listed mortgaged properties.
a. A residential property particularly described as, all that piece or parcel of land situate at Adjringanor, Accra in the Greater Accra Region of the Republic of Ghana, measuring an approximate area of 0.179 of an acre, (0.073) hectare more or less described in Land Certificate No.GA 16766 as parcel No. 69 Block 2, Section 115, used as security under a Mortgage Agreement dated 27th November 2018, to secure the repayment of a restructured consolidated loan together with all interest and liabilities (present and future) owed by the 1st Respondent to the Applicant.
b. A residential property particularly described as, all that piece or parcel of land situate at Adjringanor, Accra in the Greater Accra Region of the Republic of Ghana, measuring an approximate area of 0.351 of an acre, (0.142) hectare more or less described in Land Certificate No.GA 16767 as parcel No. 59 Block 2, Section 115,used as security under a Mortgage Agreement dated 27th November 2018, to secure the repayment of a restructured consolidated loan together with all interest and liabilities (present and future) owed by the 1st Respondent to the Applicant.
c. A residential property particularly described as, all that piece or parcel of land situate at Adjringanor, Accra in the Greater Accra Region of the Republic of Ghana measuring an approximate area of 0.186 of an acre, (0.075 hectare) more or less described in Land Certificate No.GA 16768 as parcel No. 60 Block 2, Section 115, used as security under a Mortgage Agreement dated 27th November 2018, to secure the repayment of a restructured consolidated loan together with all interest and liabilities (present and future) owed by the 1st Respondent to the Applicant herein.
d. A residential property particularly described as all that piece or parcel of land situate at Adjringanor, Accra in the Greater Accra Region of the Republic of Ghana measuring an approximate area of 0.190 of an acre, (0.077 hectare) more or less described in Land Certificate No.GA 16769 as Parcel No. 70 Block 2, Section 115,used as security under a Mortgage Agreement dated 27th November 2018, to secure the repayment of a restructured consoli
AI Generated Summary
The Applicant, a financial services institution, filed an originating motion on notice under Section 18 of the Mortgages Act, 1972 against the Respondents, seeking the judicial sale of mortgaged properties. The properties, owned by the 2nd Respondent, had been used as security for a consolidated loan granted to the 1st Respondent. After the Respondents defaulted, accumulating an outstanding debt of over US$3.6 million, the Applicant sought judicial recourse. The Respondents opposed the motion, contending that a writ of summons was the proper mode of commencement and alleging that their debt had been overstated by US$38,000, which they argued necessitated a full trial. The Court dismissed the Respondents' procedural objections, ruling that the Mortgages Act specifically prescribed the use of an originating motion. Furthermore, the Court held that the Respondents' mere assertion of an overstated debt, devoid of any documentary evidence, failed to raise a genuine dispute of material fact. Consequently, the Court granted the Applicant's motion for the judicial sale of the properties and awarded costs against the Respondents.