[2016]DLHC7244 • January 19, 2016 • High Court
GODWIN ZAGBEDE (PLAINTIFF) vs. URBAN CREDIT LTD. (DEFENDANT)
Counsel for applicant moves motion. It is opposed by counsel for plaintiff/judgement/ debtor. I have read the application and the affidavits filed by the parties. I have also given consideration to the submissions of the lawyers. Thoughtful consideration have been given to order 45 rule 11(3) of C.I 47. It is noted that the sale of the property which took place on the 9th April, 2015 has not been set aside by the defendant/judgement/debtor/respondent or any other occupant of the sold property. The sale is therefore deemed to be absolute. By order 45 rule 11(3) of C.I.47, the purchaser/ applicant herein has the right to move the court to recover possession of the property sold. In my view, the purchaser should have possession of the property she acquired by reason of the sale at the auction. In the circumstance, I grant the application and hereby order the plaintiff/judgement/debtor or any other person living or occupying the property on the authorization of the plaintiff/judgement/deb...