MERCHANT BANK LTD. vs. JOSEPH NTI AND NIU YONGJUN

The applicant herein has filed the instant application for writ of possession of property described as Plot No. 17, Block ‘J’, Atonsu, Kumasi (hereinafter referred to as ‘the Property’). The background to the application is that the applicant bought the Property through a judicial auction sale on the 17th January, 2014. A certificate of purchase and the registrar’s certificate were duly issued to him. According to the applicant, after the purchase he made several attempts to take possession of the property but his efforts were frustrated by the Defendant/Judgment debtor/Respondent. The Respondent filed a motion to set aside the auction sale of the Property and same was dismissed by the court on the 7th April, 2017. The Respondent then filed an appeal against the 7th April, 2017 ruling of the Court dismissing his application to set aside the auction sale. On the 19th May, 2017, an application for stay of execution of the said ruling was also filed by the Respondent. From the...