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SARAH KANTON V. CAL BANK LTD & 2 ORS.

(2019) JELR 107433 (HC)

High Court  •  LD/751/2018  •  6 Jun 2019  •  Ghana

Coram
NICHOLAS M. C. ABODAKPI

Appearances
MCKEOWN AMENANO-BESE HOLDING BRIEF FOR SHADRACK ARHIN FOR 1ST DEFENDANT PRESENT. JAMES AHENKORAH FOR PLAINTIFF/RESPONDENT PRESENT

Judgement
<p> </p><p> </p><p> </p><h2 class="ql-align-center"> RULING </h2><p> </p><p><strong>1. BACKGROUND</strong> </p><p> </p><p>(a) On the 22/06/2018, Plaintiff took a fresh writ from the Registry of this Court. There is an accompanying statement of claim. The following are the indorsements on the writ: </p><p> </p><p>Declaration that the order made on 16th June, 2010 in </p><p>SUIT NO. BFS/37/2008 CAL BANK LTD </p><p>                        V. </p><p> EKAB ENGINEERING LTD and ANOR </p><p>CLAIMANT - SARAH KANTON, </p><p>said to have dismissed the claim made by the said Sarah Kanton against the attachment of House No. 203 Konigs Street, South Odorkor, Accra, for sale in execution of the judgment in that suit is a NULLITY in that it was made without jurisdiction and or breach of the audi alteram partem rule in natural justice. </p><p> </p><p>(b) Order setting aside the Notice of Auction posted by 3rd Defendant for sale of House No. 203, Konigs Street South Ofankor, Accra on the authority of the 2nd Defendant on Monday 25th June, 2018. </p><p> </p><p>On 05/07 2018, a Notice of Appearance was filed on behalf of the 3rd Defendant. The r…</p>

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