BARCLAYS BANK OF GHANA LTD. vs. RAYNOLDS ENTERPRISE LTD. & 2 ORS.

MARIAMA OWUSU, J.A: This is an appeal against the ruling of the High Court (Commercial Division) dated 13-7-2010, which refused to set aside an auction sale of the defendants’ properties. Dissatisfied with the decision of the High Court, the defendants filed an appeal to this Court on the following grounds; 1. The learned trial judge erred in law in treating the application to set aside the sale under Order 45 R. 10 of the Civil Procedure Rules [C.I 47], a subsidiary Legislation, rather than under the Auction Sales Act [PNDCL 230], a substantive Legislation. 2. The learned trial judge erred in law in refusing to set aside the sale when it is apparently clear from the record that the plaintiff and the auctioneer failed to comply with the mandatory provisions of the Auction Sales Act [PNDCL 230] which requires a fixed period of at least 21 days notice before the public auction of the defendants properties on 17-12-2009. 3. Further grounds will be added on receipt of the records......