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INTERNATIONAL COMMERCIAL BANK V. ALFA ENTERPRISE LIMITED DEFENDANT

(2006) JELR 65858 (CA)

Court of Appeal  •  SUIT NO. HI/334/04  •  9 Jun 2006  •  Ghana

Coram
ARYEETEY JA, PIESARE JA, MRS. BROWN J

Judgement

PIESARE, JA

This is an appeal, brought by the defendants appellants against two Rulings of the trial High Court, dated 7th November, 2002, and 17th July, 2003 respectively. The Ruling dated 7th November, 2002, granted an order for judicial sale of some mortgaged properties. The second Ruling dated 17th July, 2003, granted an order for a Reserved Price.

The appellants' grounds of appeal filed against the Ruling of 7th November, 2002 are:

(a) That the ruling/decision is against the weight of evidence on record.

(b) That the trial judge, with all due respect, erred in law when he ruled that the objection raised by the defendants' counsel that the plaintiff ought to seek the relief of judicial sale of the defendant's mortgaged property under the Mortgages Decree, 1972 (N.R.C.D. 96) by originating summons was not timeous.

(c) That the trial judge, with all due respect, erred in law when he granted the order for judicial sale of the defendants' property on 7/11/02 given the belated application b…

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