ADNA TRUCKS & AUTOMOBILE vs. STEPHEN VIZAH

RULING At the last sitting, the Plaintiff/Applicant moved a Motion on Notice for Reserve Price dated 25th April, 2023 relying on the 4 paragraph Affidavit in Support and the annexure. Counsel for the Plaintiff/Applicant submitted that the depositions contained in Respondent’s Affidavit in Opposition filed by the Defendant/Respondent dated 5th May, 2023 does not challenge the application itself. That the deposition about the payment of money after the attachment of the property in issue is not a reason for the court to refuse the instant application. Counsel therefore prayed the court to grant same. However, Counsel for Defendant/Respondent opposed the instant application on the grounds that there is no evidence that the movable properties of the Respondent has been seized, valued and auctioned since that is a condition precedent to the sale on immovable property. Counsel submitted further that the Force Sale Value as stated in the Valuation Report is very low and about less t.....