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PRUDENTIAL BANK LIMITED
V.
GYAMFUA ABABIO INVESTMENTS LIMITED & OTHERS

(2019) JELR 64725 (HC)

High Court 21 Jan 2019 Ghana
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- The case involves an application for an order for reserved price for the auction of the 1st and 3rd defendants’ immovable property to fulfill a judgment debt. - The defendants defaulted on the terms of a settlement agreement, leading the

Case Details

Suit Number:SUIT NO. BFS/22/2016
Judges:DR. RICHMOND OSEI-HWERE J
Counsel:ADINA AVRIL AKUOKO (MS) FOR PLAINTIFF/JUDGMENT CREDITOR/APPLICANT,MUJEEB RAHMAN AHMED FOR DEFENDANT/JUDGMENT CREDITOR/ RESPONDENT

OSEI-HWERE J.

Before me is an application for an order for reserved price for the auction of the 1st and 3rd defendants’/Judgment Debtors’/Respondents’ immovable property in fulfilment of a judgment debt. This application raises procedural issues which border on execution of judgments. The background to the application is narrated below:

On 3rd November, 2016 parties to the suit filed terms of settlement and on 8th November, 2016 the same was adopted by the court as consent judgment. Upon default of the terms of settlement by the Defendants/Judgment Debtors (hereinafter called the Respondents), the Plaintiff/Judgment Creditor (hereinafter called the Applicant) filed an Entry of Judgment on 9th June, 2017 and commenced the execution process by issuing a Writ of fierifacias (fifa) to attach two immovable properties which were used as security for the various facilities advanced to the Respondents. Thereafter, the two immovable properties described as an industrial property and a Hotel wer…

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