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CHARLOTTE NYAMEKYE
V.
NOBLE DREAM MICRO FINANCE LIMITED AND FRANK FOSU GYAWU

(2016) JELR 69816 (HC)

High Court 19 Oct 2016 Ghana
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- The case involves an application to set aside an auction sale conducted by an auctioneer and to release money paid into court by the auctioneer. - The plaintiff/judgment-creditor had obtained a judgment against the defendant/judgment-debt

Case Details

Suit Number:SUIT NO. INT 34/2016
Judges:DR. RICHMOND OSEI-HWERE JUSTICE OF THE HIGH COURT
Counsel:NANA YAW FRIMPONG FOR APPLICANT/CLAIMANT.

RULING

OSEI-HWERE J.

1. This is a double edge application for an order to set aside “the auction sale conducted by the auctioneer (Isaac Osei Ampadu) on 25-01-2016” and for an order releasing money paid into court by the said auctioneer.

2. Before going into the merits of the instant application, I shall go into the factual and the procedural history of the case.

The background to the application

3. The Plaintiff/Judgment-Creditor commenced an action against the Defendant/Judgment-Debtor for the following reliefs:

a. An order for the payment to the Plaintiff of the sum of NINE HUNDRED AND TWENTY-FOUR THOUSAND, THREE HUNDRED AND TWENTY GHANA CEDIS (GHC 924,320.00) being total investment amount and agreed interest of 6% per tenure commencing 17th October, 2013 to be paid by the Defendant to the Plaintiff on investment amount lodged with the Defendant by the Plaintiff and agreed to be finally paid to the Plaintiff by the Defendant on or before the 17th October, 2013 which payment the Defendant…

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