[2024]DLHC18433 • December 5, 2024 • High Court
MAXWELL BRAYIE MENSAH vs. KOFI AMPONSAH-BOATENG & REPUBLIC BANK GHANA PLC
Plaintiff purchased a residential property known as Bakana Hostel Annex at Westlands, West Legon, Accra, through a public auction held on 14th May 2021, following a judicial sale in execution of a judgment debt against Maron Enterprise Ltd. Plaintiff was issued a Certificate of Purchase on 13th December 2021. The 1st Defendant claimed ownership of the same property, having purchased it at a judicial sale in 2006 and developed it into a hostel, holding a Land Certificate and Certificate of Purchase dated 8th December 2006. The 2nd Defendant (Republic Bank Ghana PLC) executed the sale leading to Plaintiff's purchase. Dispute arose over rightful ownership and validity of the sales.
read moreJUDGMENT BACKGROUND It is the case of the Plaintiff that on 14th May 2021, he purchased a residential property known and called Bakana Hostel (Annex) situate at Westland, West Legon, Accra, through a public auction. The auction sale was a fall out of the case titled H.F.C (Ghana) Ltd (now called Republic Bank Ghana) PLC v Maron Enterprise Ltd & 2 ORS (Suit No. BFS/203/2007). The said property was attached by the 2nd Defendant herein in execution of the judgement debt which resulted in a Public Auction for which Plaintiff participated. Plaintiff emerged as the highest bidder at the Judicial Sale and acquired the subject matter property at the cost of One Million, Five Hundred Thousand Ghana Cedis (GHS1,500,000.00). Plaintiff avers that he converted USD$262,000.00 from his dollar account to his Cedi account). Plaintiff was issued with a Certificate of Purchase on 13th December, 2021. Subsequently, Plaintiff filed an application for a Writ of Possession on 8th July 2022 but same was op...