PARTNERS HEALTH SERVICES vs. BIKKIA LIMITED, MOSES ANTWI, DANGSCHAFT GMBH, DEPUTY SHERIFF HIGH COURT ACCRA, AND SILVERCREST INVESTMENT LTD

PWAMANG, JSC. By a certificate of Purchase issued by the High Court Registrar, Accra dated 12th October, 1998 Silvercrest Investments Ltd acquired the title and interest of Bikkai Laboratories Ltd in H/No. BA 181/182, Bantama, Kumasi. Then by an indenture dated 27th October 1998, Partners Health Services Ltd acquired the title and interest of Bikkai Ltd in the same property. In the appeals before us we are called upon to determine which of the two purchasers stated above is entitled to ownership and possession of the property in dispute. In this judgment the plaintiff/respondent/appellant shall be referred to as “plaintiff”, the 1st defendants/respondent/ appellant shall be referred to as “1st defendant” and 5th defendant/appellant/respondent as “5th defendant”. The 2nd, 3rd and 4th defendants are not parties to this appeal and will continue to be referred to as such. Having regard to the fact that the validity of the auction sale as well as the bona fides of the parties...