NANA APPENTENG AFRAMPONG AND KRA BROTHERS LTD. vs. THE DEPUTY SHERIFF, F. Q. SQUIRE & COMPANY, MR. JOSEPH ALEX APPIAH AND HONISH GMBH (PER LAWFUL ATTORNEY MOHAMMED B. SAHNOON

The plaintiffs/appellants, Nana Appenteng Aframpong and Kra Brothers Ltd., challenged the validity of an auction sale of the 1st plaintiff's property at H/No. M 21, EffiaKuma NewSite, Takoradi, which was attached and sold pursuant to a writ of fi:fa issued by the Deputy Sheriff. The sale was initially scheduled for 2:00pm on 15th September 2005 but was conducted at 11:00am on the same day following a notice published in the Ghanaian Times. The highest bid of ¢966 million by the 3rd defendant was accepted, and a Certificate of Purchase was issued. The plaintiffs alleged that the change in sale time was fraudulent and defeated the purpose of PNDC Law 230, rendering the sale null and void.

AYEBI J.A. In this judgment the plaintiffs/appellants will be referred to as 1st and 2nd plaintiffs, and defendants/respondents will also be referred to as 1st defendant, 2nd defendant, 3rd defendant and 4th defendant simply. The 1st plaintiff is the managing director of the 2nd plaintiff. In the suit instituled Honish GMBH per its lawful attorney Mohammed B. Sahnoon vrs Krah Brothers & Nana Appenteng Aframpong, the Sekondi High Court on 31st July 2002, gave judgment in favour of the 4th defendant herein against the plaintiffs herein for the sum of ¢454,559,500.00 with interest. On or about 15th April 2004, H/No. M 21, Effia-Kuma New-Site, Takoradi, the property of the 1st plaintiff herein was attached by a writ of fi:fa issued by the Deputy Sheriff, the 1st defendant. Thereafter various notices were put up for the sale of the house by auction. The sale had to be postponed due to various applications filed by the plaintiffs herein. By subsequent auction notice published o....