DAULATTA DALIO vs. GUARANTY TRUST BANK GH LTD & 2 ORS

On the 18th May, 2016 I dismissed the application filed by the 1st defendant praying for an order to dismiss the suit filed by the plaintiff and reserved my reasons which I now proceed to give. On the 3rd February, 2014, the plaintiff herein issued a writ of summons asking for, among other things, the following reliefs:- (a) An order setting aside the Auction Sale conducted by CT squire of M/S F.O. Squire & Co., Licensed Auctioneer of Goodwill Mart on 22nd June, 2012 under a writ of execution in satisfaction of the judgment of the High Court (Fast Track Division) dated 13th May, 2008 in suit no. AB6/2008 on the ground of fraud. (b) An order setting aside the said auction sale in relief 1 above on the further ground that the property sold in that auction sale was not the property of the defendant/judgment debtor IMADA HAIDARA but rather the personal property of HAMMIDU DALO (deceased) the father of plaintiff herein. On the 13th February, 2014 the 1st defendant entered a condit...