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MERCHANT BANK V. JOSEPH NTI MENSAH

(2017) JELR 64630 (HC)

High Court  •  SUIT NO. MISC 11/2010  •  7 Apr 2017  •  Ghana

Coram
DR. RICHMOND OSEI-HWERE -HIGH COURT JUDGE

Judgement

RULING

This is an application filed by the Defendant/ Applicant on 14/06/2017 for an order setting aside the sale of the Defendant/ Applicant’s property number Plot 17 Block ‘J’ Atonsu, Kumasi.

On 25/10/2016 when the application came up for hearing, counsel for the respondent raised a preliminary legal objection in relation to the property of the application.

The basis of the objection was that the Defendant’s property was auctioned as far back as 2/12/2013 and certificate of purchase has been issued. Thus, third party rights have accrued. He submitted that the application is incompetent as the Respondent had 21 days to mount a challenge if they had any issue with the regularity of the sale. In sum, Counsel for Plaintiff? Respondent contended that the sale has become absolute and as such the same cannot be set aside.

Counsel for Defendant/Applicant vehemently opposed the preliminary legal objection. He submitted that the property was sold under a judicial sale and the main ground for appl…

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