GODWIN ZAGBEDE (PLAINTIFF) vs. URBAN CREDIT LTD. (DEFENDANT) HABIBA ADAMS (PURCHASER/RESPONDENT)

On the 2nd March, 2016, I dismissed the application filed by the plaintiff/judgment/debtor/applicant and reserved by reasons, which I now proceed to give. In this application the applicant sought an order of the court to set aside the order of this court made on the 19th January, 2016 for the delivery of House No. 401/12, Teshie-Nungua Estates, Accra to the purchaser, Habiba Adams. I have read the application and the affidavit in support. I have also considered the submissions of applicant’s counsel. Thoughtful consideration has also been given to the High Court (Civil Procedure) Rules, 2004 (C.I.47) and the Auction Sales Act, 1989. It is however useful for me to refer to order 45 rule 10(1) of C.I.47 and rules 11 and 12(3) of same which provide as follows:- “10(1) at any time within twenty-one days from the date of the sale of any immovable property, an application may be made to the court to set aside the sale on the ground of any material irregularity in the conduct of the...