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

(2016) JELR 69816 (HC)    
High Court  ·  SUIT NO. INT 34/2016 ·  19 Oct 2016 ·  Ghana
CORAM
DR. RICHMOND OSEI-HWERE JUSTICE OF THE HIGH COURT
Core Terms Beta
court
applicant
plaintiff
amp
order
plot nos
motion
honourable court
counsel
defendant
plot no.
block j nkontwima busumuru
judgment-creditor
acheampong street
plot no. 9a
17th october
auction sale
isaac osei ampadu
judgment-debtor
motion ex-parte
actions sales law
agya sarfo street
applicant’s attorney
applicant’s bank accounts
attached properties
attachment of the said properties
auction sale of the said properties
civil procedures rules
copy of the said valuation report
double edge application
following properties
formal complaint letter
further payment of interest
high court judge
judgement creditor’s attorney
light of the evidence
merits of the instant application
name isaac osei ampadu
notice of claim
plaintiff of the sum
prevailing bank
registrar of this honourable court
reserve price
said auctioneer
set execution processes
such further order
supplementary affidavit
total investment amount

RULING

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…

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