[2008]DLCA6493 • May 22, 2008 • Court of Appeal
HOTEL CHEZ MOI vs. UNIBANK [GH] LIMITED & F. O. SQUIRE
The Appellant, Hotel Chez Moi, became indebted to the 1st Respondent, Unibank Ghana Limited, which obtained a judgment against the Appellant in the High Court Accra. The judgment debt was ¢1,182,136,200.00 at execution. The 1st Respondent attached and sold the Appellant's movable and immovable property without a reserved price. The Appellant had paid the outstanding balance but challenged the sale as wrongful and unlawful for lacking a reserved price, seeking a declaration and damages.
read moreAPALOO, JA. This appeal emanates from the judgment of the High Court Accra dated 10th May 2007. The facts leading to the decision of the lower court are not in dispute. The Plaintiff/Appellant (hereinafter referred to as Appellant) became indebted to the 1st Defendant/Respondent a Bank (hereinafter referred to as the 1st Respondent), consequently it sued in the High Court Accra and obtained judgment against the Appellant. At the time of going into execution the judgment debt stood ¢1,182,136,200.00. Arising out of that judgment the 1st Respondent attached the movable and immovable property of the Appellant. By a letter dated 11th April, 2005 the Deputy Sheriff requested Tent Services a firm of valuers to do a valuation of the property under attachment. The letter was copied to Messrs F.O. Squire & Co. the Licensed Auctioneer (hereinafter called 2nd Respondent) who was to conduct the sale and actually undertook the sale. The movable property listed hereunder were all sold wit....