AMALGAMATED BANK vs DANIEL MENSAH & ORS.

RULING The instant motion seeks an order of the court to set aside illegal execution. In particular, the applicant seeks an order setting aside the sale of the applicant’s house at Nii Boi Town/Nii Boiman Accra pursuant to the said execution. On the 24th day of July, 2014, the applicant successfully applied and the court set aside the Entry of Judgment filed in this case by the Respondent on the 22nd day of March, 2012. The reason for setting aside the Entry of Judgment was that the Plaintiff had admitted that the said Entry of Judgment had, stated thereon, sums of money in excess of what was in fact due the plaintiff from the defendant/applicant. The sum total of the applicant’s argument herein and its effect is that once the Entry of Judgment has been set aside, the sale of the property must also be set aside, because, according to the applicant, the sale was founded upon the said Entry of Judgement. The Plaintiff/Respondent has expressed its opposition to the instant applic...