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GHANA COMMERCIAL BANK
V.
EASTERN ALLOYS COMPANY LIMITED, WORLD PRAYER CENTRE, DELA AKPEY

(2018) JELR 66493 (SC)

Supreme Court 4 Jul 2018 Ghana
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- Supreme Court affirmed the Court of Appeal’s restoration of the attachment and auction sale of the 1st Defendant’s factory, holding that failure to proceed first against movables under Order 44 r.2(3) C.I. 47 is a procedural irregularity,

Case Details

Suit Number:CIVIL APPEAL NO. J4/59/2017
Judges:DOTSE JSC (PRESIDING), YEBOAH JSC, BAFFOE-BONNIE JSC, APPAU JSC,PWAMANG JSC
Counsel:HAROLD TIVAH ATUGUBA WITH HIM EMMANUEL EWOOL FOR THE 1ST DEFENDANT/RESPONDENT/APPELLANT,FRANK BOAKYE AGYEN WITH HIM REBECCA BOAKYE (MRS) FOR THE PLAINTIFF/APPELLANT/RESPONDENT

JUDGMENT

DOTSE, JSC

This is an appeal by the 1st Defendants/Appellant/Respondents/Appellants, hereafter 1st Defendants against the judgment of the Court of Appeal dated 17th December, 2015. The said Court of Appeal judgment, had allowed an appeal by the Plaintiffs/Judgment-Creditors Respondents/Appellants/Respondents, hereafter Plaintiffs, against the decision of the High Court dated 28th day of May 2012 which set aside the sale of the 1st Defendants’ factory premises in satisfaction of the Defendants debts owed the Plaintiffs arising from a suit filed by the plaintiffs against the 1st Defendants. It is against this Court of Appeal judgment of 17th December 2015 that this appeal has been filed and hence this rendition.

PLAINTIFFS WRIT AT THE HIGH COURT AGAINST THE DEFENDANTS

Initially, the Plaintiffs herein commenced an action in the High Court, Accra Suit No. BFS/22/06 on 10/3/2006 against the following Defendants as follows:-

1. Eastern Alloys Co. Ltd

2. Michael Tetteh

3. Jonas Akwensivie

4…

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