JISLAH FINANCIAL SERVICES LTD (PLAINTIFF/ RESPONDENT/RESPONDENT) vs. MAGNA INTERNATIONAL TRANSPORT COMPANY LTD AND 2 ORS (DEFENDANTS) RENAULT TRUCKS SAS (CLAIMANT/APPLICANT/APPELLANT) MICHAEL H. TSIGBE (AUCTIONEER/RESPONDENT)

RULING ON PLAINTIFF/RESPONDENT’S PRELIMINARY OBJECTION The Claimant/Appellant herein aggrieved by the decision of the Trial Judge dated 9th May 2017 has appealed to this court on the following grounds: 1. The ruling of the trial Judge is against the weight of evidence on record. 2. The trial Judge misdirected herself by dismissing the Appellants application on the ground that the Appellant could not prove that the sale was tainted with fraud or illegality. 3. That the trial Judge erred in Law in dismissing the Appellant’s application when she determined the substantive application without first determining the Respondent’s preliminary legal objection to the application. The ruling which occasioned this notice of appeal was given following an application by the Claimant/Applicant/Appellant seeking an order to set aside the sale of five (5) Renault Ketrax Trucks on the 22nd day of September 2016 pursuant to an order of the court on the grounds that the sale was tainte...