AGRICULTURAL DEVELOPMENT BANK V. KLEAN WATER SANITATION LTD & ANOR

RULING

I have heard the submissions from counsel for the Applicant as well as counsel for the Defendants/Judgment Debtors. I have also gone through the processes filed in this application in support and in opposition.

In this case, the auction sale was conducted in March, 2023. The auction sale has not been stayed or set aside. The Applicant has paid the auction sale price. The Applicant is praying for an order from the court for the delivery of the property purchased at the auction.

It is the law, that if after 21 days an auction sale has not been set aside or stayed, then it should be declared absolute.

See: MASS PROJECTS LTD. (NO.1) v. STANDARD CHARTERED BANK AND YOO MART LTD. (NO. 1) [2013-2014] 1 SCGLR 301

I am of the view, that since the Applicant has paid the purchase price of the auctioned property, and the auction sale has not been set aside or stayed, it would be fair and just to grant the application and same is accordingly granted.

I consequently make an order delivering possess…