GHANA HOME LOANS LIMITED (PLAINTIFF) vs. WILLIAM KARIKARI BANNERMAN (DEFENDANT)

The matter arose from an application by the defendant/applicant to set aside the purported public auction sale of House No. 134, His Majesty Court, East Legon, Accra, conducted on 26 November 2015. The applicant contended that the property had already been successfully sold at an earlier auction on 6 May 2015 to one Alex Owusu for GH¢3,300,000.00, with a deposit of GH¢10,000.00 paid, and that subsequent auctions on 4 June 2015, 19 June 2015 and 26 November 2015 were unlawful because no fresh statutory notices were issued and no fresh reserve price or leave of court was obtained. The respondent admitted the earlier auctions but maintained that the earlier sales failed because the highest bidders did not complete payment. Portion of judgment: “on the 6th day of May, 2015 the plaintiff, through an Auctioneer successfully sold the property in question at an auction such that, the highest bidder, one Alex Owusu even made a deposit/payment of an amount of GH¢10,000 towards the price which was agreed at GH¢3,300,000.00” and “the Plaintiff/Respondent went ahead to conduct or caused to be conducted on its behalf subsequent auction sales of the same property on the 4th June, 2015; 19th June, 2015 and finally on the 26th November, 2015.”