ELVISCO FARMS
V.
KENNEDY TWI & SONS LIMITED AND MR. KENNEDY TWI

(2018) JELR 65294 (HC)    
High Court  ·  SUIT NO.RPC/29/17 ·  15 Mar 2018 ·  Ghana
CORAM
ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT
Core Terms Beta
order
applicant
writ of delivery
court
purchaser
rule
business
writ of possession
affidavit
angelina mensah-homiah
applicant’s judgment
auction
careful consideration
case
case of auction sale
case service ought
circumstances
company
counsel
document
enterprise
entity
examination of the bailiff
eyes
good service
granting leave
grant of the application
hearing notice of the motion
house
issue
light of this ruling
limited liability company
mrs
notice
occupant
occupants
occupants of the premises
order of the court
present applicant’s contention
property
provisions of order
question
respect of the instant application
said motion
sale
service
situations
submissions of both counsel
support of the previous application
tenancy

RULING

The submissions of both counsel in respect of the instant application to set aside the order of the court dated 21/12/2017 have been considered upon the examination of the bailiff, there is a real doubt as to the entity the hearing notice of the motion was served on. If the business is a limited liability company, then service on the shop attendant cannot be said to be good service. In any case, there is no document to proof that the business is also an enterprise in which case service ought to have been effected on the proprietor personally.

It is to be noted that the property in issue was purchased at an auction the sale has become absolute.

This entitled the purchaser to apply for a writ of delivery under order 45 rule 12 (3) of C.I. 47, and not a writ of possession under order 43 rule 3 (1) of C.I. 47.

After reading the affidavit in support of the previous application, the court considered the provisions of order 1 rule 2 of C.I. 47 and granted leave for a writ of delivery to i…

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