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DR. KWADWO DARKO V. ERIC JOHNSON SAMUEL ADDO OSEI

(2015) JELR 66660 (CA)

Court of Appeal  •  CIVIL APPEAL NO: H1/37/2015  •  12 Dec 2015  •  Ghana

Coram
MARFUL-SAU JA (PRESIDING), AGNES DORDZIE JA, GERTRUDE TORKORNOO JA

Judgement

JUDGMENT

MARFUL-SAU, JA:

On the 3rd of May 2007, the property known as No.176/14, Dzorwulu, Accra was sold at an auction pursuant to a judgment entered against the 2nd defendant/ appellant herein, by the District Court, Osu, Accra; in the case titled Mark Atiamo v. Samuel Addo Osei in Suit No A2/12/05. The said property was purchased by the plaintiff/ respondent herein who paid the consideration of ₵910, 000,000.00 (GH₵ 91,000.00) and as a result a Certificate of Purchase was issued to him by the court. However, on the 8th of August 2007, the 2nd defendant/appellant managed to set aside the auction sale of his house. The order setting aside the auction sale was subsequently vacated by the same District court, Osu, differently constituted on the 17th September 2007. The 2nd defendant /appellant appealed against the order vacating the earlier order setting aside the sale and obtained an order of stay of execution pending the appeal to the High Court. From the record it seems the 2nd defen…

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