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ALHASSAN ISSAKA
V.
JULIANA AFFUM

(2017) JELR 64528 (HC)

High Court 23 Mar 2017 Ghana
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- The court dismissed an application for reserved price due to an inadequate description of the subject property. - The plaintiff filed a fresh application for reserved price, which was granted. - The applicant is now seeking to set aside t

Case Details

Suit Number:SUIT NO. RPC 45/2015
Judges:DR. RICHMOND OSEI-HWERE JUSTICE OF THE HIGH COURT
Counsel:OHENE AMANKWAH GYAN FOR THE CLAIMANT/APPLICANT,ALFRED ANIM QUARSHIE FOR THE JUDGMENT CREDITOR/RESPONDENT

RULING

OSEI-HWERE J.

On the 15th of November, 2016, this Honourable Court gave the following ruling:

“Upon reading the affidavit in support of the motion as well as the annexures and upon hearing counsel for the applicant, it is apparent that the property which is the subject matter of the application has not been properly described. “A residential property washing Bay situate at Teshie – Greater Accra Region” does not give a vivid description of the subject property. The court needs better particulars.

Counsel made reference to a locational plan which is attached to the Auctioneer’s Report. Unfortunately, the said plan is not helpful to the court in relation to the description of the property. In the circumstances, I am unable to grant the motion for Reserved Price, as the application is incompetent. The application is hereby dismissed with liberty to re-apply.”

Based on the ruling above, the plaintiff/judgment creditor/respondent filed a fresh application on notice for reserved price on …

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