RULING
This is a motion on notice to set aside the order of the Honourable court for the sale of residential property situate at Plot No. 8, 25th Street Daban, Kumasi.
The gravemen of the application is that the applicant had allegedly filed a notice of claim in respect of the property prior to the Court's order for sale. The applicant alleged that even though he filed the notice of claim his claim has not been determined on its merits. Counsel argued that the order for sale of the property is irregular and the sale ought to be set aside.
The applicant is opposed to the application and the grounds of the opposition is contained in an affidavit in opposition filed on the 1st day of December, 2016. The applicant contend that on the 21st June, 2016 the Court issued an Order for the Claimant and the execution creditor to appear before the Court on 19th July, 2016 for determination of Claimant's claim. That the said order was served on lawyer for the Claimant through one Mavis Dadzie. The Cla…