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PARTNERS HEALTH SERVICES V. BIKKIA LIMITED, MOSES ANTWI, DANGSCHAFT GMBH, DEPUTY SHERIFF HIGH COURT ACCRA, AND SILVERCREST INVESTMENT LTD

(2016) JELR 67344 (SC)

Supreme Court  •  CIVIL APPEAL NO: J4/48/2015  •  27 Apr 2016  •  Ghana

Coram
ATUGUBA JSC (PRESIDING), BENIN JSC, AKAMBA JSC, APPAU JSC, PWAMANG JSC

Appearances
KWABENA ASANTE KROBEA ESQ. FOR THE PLAINTIFF/1ST RESPONDENT/ APPELLANT,STEPHEN OPPONG ESQ. FOR THE 1ST DEFENDANT /2ND RESPONDENT/ APPELLANT,THADDDEUS SORY ESQ. WITH HIM SEAN POKU FOR THE 5TH DEFENDANT/ APPELLANT/RESPONDENT

Judgement
<h2 class="ql-align-center">JUDGMENT</h2><p><strong>PWAMANG, JSC</strong></p><p>By a certificate of Purchase issued by the High Court Registrar, Accra dated 12<sup>th</sup> October, 1998 Silvercrest Investments Ltd acquired the title and interest of Bikkai Laboratories Ltd in H/No. BA 181/182, Bantama, Kumasi. Then by an indenture dated 27<sup>th</sup> October 1998, Partners Health Services Ltd acquired the title and interest of Bikkai Ltd in the same property.</p><p>In the appeals before us we are called upon to determine which of the two purchasers stated above is entitled to ownership and possession of the property in dispute. In this judgment the plaintiff/respondent/appellant shall be referred to as “plaintiff”, the 1<sup>st</sup> defendants/respondent/appellant shall be referred to as “1<sup>st</sup> defendant” and 5<sup>th</sup> defendant/appellant/respondent as “5<sup>th</sup> defendant”. The 2<sup>nd</sup>, 3<sup>rd</sup> and 4<sup>th</sup> defendants are not parties to this appeal and will continue to be referred to as such.</p><p>Having regard to the fact that the validity of the auction sale as well as the <em>bona fides</em> of the parties have been …</p>

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