KINGSLEY ABBEY AND TWO OTHERS
V.
IFS FINANCE & LEASING CO. LTD AND ANOTHER

(2016) JELR 65381 (CA)    
Court of Appeal  ·  CIVIL APPEAL N0: H1/99/2015 ·  9 Jun 2016 ·  Ghana
CORAM
P. K. GYAESAYOR JA (PRESIDING), A M. DORDZIE JA, L. L. MENSAH JA
Core Terms Beta
order
application
court
rule
judgment
writ of fieri facias
record
writ of possession
appeal
payment of money
service of the writ of possession
written order
execution process
high court
ifs finance
landed property
respect of any movable property
a. m. dordzie ja
applicable rule of procedure
charging order
delivery of the property
execution of the said judgment
finance company
following means
formal order
further order of the court
guarantor of the said facility
immovable property
judgment interest
judgments
leasing company
loan facility
orders of the court
particular case
present case
proper officer of the body
record of appeal
recovery of monies defendants
registrar of the high court
representative of the purchaser of the property
respect of shares
sale of the debtor
subject property
vacant possession
various methods

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 …

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