A. M. DORDZIE JA:-
FACTS: IFS Finance and Leasing Company granted a loan facility to the 1st defendant Kingsley Abbey. The 2nd defendant was the guarantor of the said facility and the 3rd defendant provided his landed property as security for the loan. The 1st defendant defaulted in paying back the loan. The finance company therefore instituted an action against them, jointly and severally in the High Court, Accra (Commercial Division) to recover the loan and succeeded in obtaining judgment against the defendants. In the execution of the said judgment the 3rd defendant’s landed property which was used as collateral to secure the loan was auctioned; the respondent herein is a representative of the purchaser of the property at the auction.
I find it helpful in understanding the facts leading to this appeal to narrate, sequence by sequence the execution process followed by the plaintiff as disclosed by the record.
To start with, a writ of Fieri Facias was issued on 28th of May 2010 and the …