ADDO VRS. ACCESS BANK (GH) LTD. (CM/BDC/0059/2019) [2024] GHAHC 155 (13 March 2024)

ADDO VRS. ACCESS BANK (GH) LTD. (CM/BDC/0059/2019) [2024] GHAHC 155 (13 March 2024)

Plaintiffs failed to strictly prove fraud against the 1st Defendant or the Court. Plaintiffs did not tender registered title or evidence of searches showing absence of encumbrance. However, as bona fide purchasers for value prior to mortgage registration, Plaintiffs are entitled to equitable protection from enforcement of the mortgage judgment against their properties. The judgment for judicial sale is not enforceable against Plaintiffs' properties. Costs awarded against 2nd Defendant only.

Citation
ADDO VRS. ACCESS BANK (GH) LTD. (CM/BDC/0059/2019) [2024] GHAHC 155 (13 March 2024)
Parties
Plaintiff: Benjamin Ofosu Adoo; Plaintiff: Alexander Aboagye; Plaintiff: Kate Aboagye; Plaintiff: Edward Attua-Afari; Plaintiff: Araba Attua-Afari; Defendant: Access Bank (GH) Ltd.; Defendant: TLG Properties GH Ltd.
Court
ghahc
Jurisdiction
Ghana
Judgment Date
13 March 2024
Procedural Posture
Civil / Final Judgment
Outcome
Plaintiffs' claim of fraud dismissed; declaration of title not proved against 1st Defendant; Plaintiffs' properties protected from sale under mortgage judgment; costs awarded against 2nd Defendant.
Legal Topics
Mortgage Enforcement, Fraud in Judicial Proceedings, Bona Fide Purchaser, Land Registration, Execution of Judgments, Costs
Source Language
eng
Property Law Banking Law Civil Procedure Mortgage Enforcement Fraud in Judicial Proceedings Bona Fide Purchaser Land Registration Execution of Judgments +1 more

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Parties

Benjamin Ofosu Adoo

Plaintiff

Alexander Aboagye

Plaintiff

Kate Aboagye

Plaintiff

Edward Attua-Afari

Plaintiff

Araba Attua-Afari

Plaintiff

Access Bank (GH) Ltd.

Defendant

TLG Properties GH Ltd.

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether the judgment in Suit No. BFS/144/15 was procured by fraud on the Plaintiffs
  2. 2 Whether the judgment in Suit BFS/144/15 for the judicial sale of the properties in issue is enforceable against the Plaintiffs
  3. 3 Whether Plaintiffs are entitled to declaration of title and costs

Ratio Decidendi

Plaintiffs failed to strictly prove fraud against the 1st Defendant or the Court. Plaintiffs did not tender registered title or evidence of searches showing absence of encumbrance. However, as bona fide purchasers for value prior to mortgage registration, Plaintiffs are entitled to equitable protection from enforcement of the mortgage judgment against their properties. The judgment for judicial sale is not enforceable against Plaintiffs' properties. Costs awarded against 2nd Defendant only.

Court Disposition

Plaintiffs' claim of fraud dismissed; declaration of title not proved against 1st Defendant; Plaintiffs' properties protected from sale under mortgage judgment; costs awarded against 2nd Defendant.

Orders

  • Plaintiffs' claim to set aside judgment for fraud refused.
  • Declaration of title not granted against 1st Defendant; assignment of interest operates against 2nd Defendant.