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AKITI CHRISTIAN
V.
MANYA KROBO RURAL BANK

(2024) JELR 112802 (CA)

Court of Appeal 23 Oct 2024 Ghana
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- This case involves an appeal against the ruling of the Koforidua High Court refusing to set aside the sale of the defendant's property used as security for a loan. - The main issue in the appeal is whether the auction sale violated the Au

Case Details

Suit Number:SUIT NO. H1/11/2019
Judges:P. BRIGHT MENSAH JA - PRESIDING JEROME NOBLE-NKRUMAH JA HAFISATA AMALEBOBA (MRS) JA
Counsel:JOSEPH AWAKPASA ESQ., FOR THE DEFENDANT/APPELLANT. OPOKU AGYEI ESQ., FOR THE PLAINTIFF/RESPONDENT.
Location:Koforidua

JUDGMENT

BRIGHT MENSAH, JA:

The instant appeal is against the ruling of the Koforidua High Court refusing an application by the defendant/appellant to set aside the sale of his property he used to secure a credit facility he obtained from the plaintiff/respondent.  The chief question the appeal raises for our consideration and determination is, whether the auction sale was done in violation of Auction Sales Act, 1989 [PNDC Law 230], and therefore, the lower court erred in law in dismissing the application.  The ruling of the lower court delivered 21/12/2017, appears on pp 143-145 of the record of appeal [roa]. 

Being dissatisfied with, and or aggrieved by the decision of the lower court, the defendant/appellant has launched this appeal on the grounds that:

  1. The learned judge failed to consider the merits of the defendant/appellant’s application.

  2. The learned judge erred in law by refusing the application although there was enough evidence on record evidencing that the sale of the defendant/a…

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