[2024]DLCA17845 • October 23, 2024 • Court of Appeal
AKITI CHRISTIAN vs. MANYA KROBO RURAL BANK
The plaintiff bank advanced a loan to the defendant secured by the defendant's property. The defendant defaulted on repayment, leading to a judgment in favor of the plaintiff. The plaintiff proceeded to auction the secured property after serving the defendant with an entry of judgment. The defendant challenged the auction sale, alleging non-compliance with the Auction Sales Act 1989 (PNDC Law 230), specifically the 21-day publication requirement prior to sale, and claimed he was denied a hearing on his application to set aside the sale.
read moreJUDGMENT BRIGHT MENSAH JA: The instant appeal is against the ruling of the Koforidua High Court refusing an application by the defendant/appellant to set aside the sale of his property he used to secure a credit facility he obtained from the plaintiff/respondent. The chief question the appeal raises for our consideration and determination is, whether the auction sale was done in violation of Auction Sales Act, 1989 [PNDC Law 230], and therefore, the lower court erred in law in dismissing the application. The ruling of the lower court delivered 21/12/2017, appears on pp 143-145 of the record of appeal [roa]. Being dissatisfied with, and or aggrieved by the decision of the lower court, the defendant/appellant has launched this appeal on the grounds that: 1. The learned judge failed to consider the merits of the defendant/appellant’s application. 2. The learned judge erred in law by refusing the application although there was enough evidence on record evidencing that the .....