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KMK LTD, KWABENA ADUTWUM AND SELINA OWUSU V. AGRICULTURAL DEVELOPMENT BANK LTD AND KUMESH (GH) LTD

(2014) JELR 68688 (SC)

Supreme Court  •  CIVIL APPEAL NO. J7/11/2014  •  29 May 2014  •  Ghana

Coram
J. DOTSE JSC PRESIDING, ANIN-YEBOAH JSC, P. BAFFOE-BONNIE JSC

Judgement

RULING

DOTSE JSC;-

This is an application at the behest of the Co-Defendant/Respondent/Applicant hereafter referred to simply as the Applicant seeking an order varying the decision of a single Judge of this Court rendered on the 1st day of April 2014. This application is made pursuant to article 134 (b) of the Constitution 1992.

Even though the issues raised in this application are in a very narrow compass, i.e. whether there are any special circumstances to warrant the review of the order made by the single Judge on the said 1st day of April 2014, we will set out the historical context of this application for a full understanding of the ruling.

On the 15th June 2007, the High Court, Accra delivered a judgment in favour of the Co-Defendant/Respondent/Applicant and held that the said Applicant was the lawful purchaser of H/No. 5 Airport West. The High Court specifically held as follows:-

The co-defendant claims to be a bondafide purchaser for value without notice. Their evidence was that, …

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