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