GHANA COMMERCIAL BANK LIMITED vs J.K. ACKAH ENTERPRISE LIMITED & 2 OTHERS

JUDGMENT BARBARA ACKAH-YENSU, JA: Upon an application for Summary Judgment, judgment was entered in favour of the Plaintiff/Respondent in the sum of GH¢113,094.58 with interest, and recovery of an overdue overdraft facility in the sum of GH¢71,554.06 with interest at the rate of 27% per annum on both sums, from 6th December, 2006 to the date of final payment, together with agreed costs of GH¢2,000.00. The said Judgment was entered on 10th March 2009. Thereafter, on 28th July 2009, the Plaintiff/Respondent caused a writ of fieri facias (fi fa) to be issued and in pursuance thereof the 2nd Defendant’s property No. 18C Anaji/Effia Residential Area, renumbered H/No.20 PT 186 used as security for the loan contracted by the 1st Defendant, was attached in execution of the judgment debt. Officers of the High Court, Sekondi, sold the property in question under the writ of fi fa on the 3rd February, 2012. The 2nd Defendant brought an application to set aside the said jud...