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 has failed a…