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CASSEL ENERGY LIMITED & ANOR

(2023) JELR 112195 (HC)

High Court 22 Sep 2023 Ghana
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- Defendants moved to vary the court’s order on the reserved price for auction of attached properties, supporting their application with two expert valuation reports from Assenta Property Consulting Limited and Quans Consult Limited, which

Case Details

Suit Number:CM/RPC/0486/2018
Judges:FRANCIS OBIRI, J
Counsel:FRED ASARE DANQUAH FOR PLAINTIFF/JUDGMENT CREDITOR/RESPONDENT MOSES BAAFI ACHEAMPONG HOLDING BRIEF FOR EDWIN LETSA KPEDOR FOR DEFENDANTS/JUDGMENT DEBTORS/APPLICANTS
Location:Accra

RULING

I have listened to the submissions by counsel for the Defendants and the Plaintiff. I have also gone through the documents filed in support and in opposition to the motion filed by the Defendants on 7 June, 2023 for the court to vary its orders in respect of the Reserved Price dated 7 February, 2023.

I have considered the antecedents of this case. The Plaintiff’s counsel has informed the court that the Judgment Debt as at today, 22 September, 2023 would be about USD5,000,000.00 which is about GH¢60,000,000.00.

In cases of an auction, after the Judgment Creditor has been paid and the State has received its 3% tax and the Auctioneer has also been paid the auctioneer’s fees, the Judgment Debtor is given any amount which would be left.

It means that if there is any means by which the court can ensure that the attached property is sold far more than the judgment debt, the court must assist in that direction.

The Defendants have attached two valuation reports to their application as exhib…

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