BARBARA ACKAH-YENSU (Ms) JA
The fundamental issue raised in this appeal is; whether or not at the time of the auction sale the Plaintiff/Appellant was clothed with the requisite interest in the property auctioned, which is the subject matter of the dispute, to enable it have the sale set aside. The collateral issue that flows from the fundamental issue is; whether the property in dispute could have been properly seized and sold in execution of the judgment of the High Court?
These are the circumstances that have given rise to the instant appeal.
Plaintiff/Appellant filed a writ against the Defendants/Respondents seeking the following reliefs:
“i. Setting aside the purported sale of house (unnumbered) at Katamanso with Land Certificate No. TD 2386; as same has been encumbered by a Mortgage since 2008.
ii. Declaring that the said sale was fraudulent and hence void in both law and equity.
iii. Perpetual injunction to restrain Defendants especially 1st Defendant, whether by himself, his serva…