MASS PROJECTS LIMITED vs. STANDARD CHARTERED BANK AND YOO MART LIMITED [2013]DLSC2702

Date	2013-12-18
Suit No.	CIVIL APPEAL NO. J7/4/2014
Citation No.	[2013]DLSC2702

J.DOTSE JSC (PRESIDING)

ANIN-YEBOAH JSC

BAFFOE-BONNIE JSC

NKRABEA EFFAH DARTEY WITH HIM AUGUSTINE ASARFO-ADJEI FOR THE APPLICANTS.

ANDREW APPAU OBENG APPEARS FOR 1ST RESPONDENT STANDCHART.

KORNA BONNEY FOR THE 2ND RESPONDENT PURCHASERS.

[2013]DLSC2702
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													<main id="main" class="content" style="min-height: 60rem" >MASS PROJECTS LIMITED<o:p></o:p>vs.<o:p></o:p>STANDARD CHARTERED BANK
AND YOO MART LIMITED<o:p></o:p>&nbsp;[SUPREME COURT, ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

CIVIL APPEAL NO. J7/4/2014&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;&nbsp;DATE: 18TH DECEMBER, 2013<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p>NKRABEA EFFAH DARTEY WITH
HIM AUGUSTINE ASARFO-ADJEI FOR THE APPLICANTS.<o:p></o:p>ANDREW APPAU OBENG APPEARS
FOR 1ST RESPONDENT, STANDCHART.<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

KORNA
BONNEY FOR THE 2ND RESPONDENT PURCHASERS.<o:p></o:p>

J.DOTSE &nbsp;JSC
(PRESIDING), ANIN-YEBOAH JSC,BAFFOE-BONNIE JSC<o:p></o:p>

</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

JUDGEMENT <o:p></o:p>

</div><o:p>&nbsp;</o:p>J.
DOTSE JSC <o:p></o:p>This an application at the instance of Mass
Projects Limited the Defendant’s/Appellant’s/Applicant’s hereinafter referred
to as Applicant’s praying for a review of a ruling delivered by a single Judge
of this Court dated 22/08/2013 which refused an application for Stay of Execution
pending appeal of a High Court ruling dated 22nd May 2013.<o:p></o:p>It is provided under article 134 (b) of the
Constitution, 1992 that &nbsp;a single Judge
of the Supreme Court may exercise power vested in the Supreme Court not
involving the decision of the cause or matter before the Supreme Court except
that<o:p></o:p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; (b) “ in civil matters, any order, direction
or decision made or given under &nbsp; this
article may be varied, discharged or reversed by the Supreme &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Court,
constituted &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; by three Justices of the
Supreme Court.”<o:p></o:p>This panel of three Justices has therefore been
constituted pursuant to article 134(b) of the Constitution 1992 to hear and
determine the review application that the Applicants have filed to vary,
discharge and or reverse the order or decision rendered by the single Judge on
22nd August, 2013.<o:p></o:p>FACTS<o:p></o:p>Standard Chartered Bank, Plaintiff’s/ 1st
Respondent’s /Respondent’s, hereinafter referred to as the 1st
Respondent’s,&nbsp; obtained judgment against
the Applicants in 2007 and subsequently filed an application for Fi:Fa&nbsp; against the immovable properties of the
Applicant’s consisting of office complex, warehouse and stores at sector 17,
Kasoa, near Accra on the Winneba main road and subsequently attached same. On
24/10/2012, the Applicant’s property was auctioned after a notice of public
auction has been posted. Yoo Mart Limited, the Execution Purchaser/2nd
Respondent, hereafter referred to as the Purchaser’s was the entity that
purchased the Applicant’s properties which were auctioned at the public
auction.<o:p></o:p>It is perhaps necessary at this stage to take note
of the following procedural steps in the case.&nbsp;
On the 12th of November 2012 the Applicant’s filed a motion
on notice to set aside the auction sale and this was fixed for hearing on
Friday 23rd November 2012.<o:p></o:p>In the meantime, the Deputy Sheriff issued a certificate of purchase to the
Purchaser’s, on 16th November 2012 four clear days after he had been
put on notice that the Applicants had initiated steps to challenge the auction
sale. <o:p></o:p>There clearly was an indecent haste on the part of
the Registrar to validate the auction sale and thereby threw caution to the
winds.<o:p></o:p>The Applicant’s also filed a writ of summons on 7th
February 2013 against the 1st Respondent’s &nbsp;seeking to set aside the judgment that&nbsp; the 1st Respondent had obtained
against them in suit No. AB10/2007 claiming it was obtained by fraud and should
therefore be declared null and void. It is to be noted that, that action is
alleged to &nbsp;be still pending in court.<o:p></o:p>Having obtained the certificate of purchase and
being desirous of having access to the properties they had purchased, the purchasers
herein applied to the High Court for an order to be placed in possession of the
properties they purchased at the public auction. Even though the action was
apposed by the Applicant on cogent and substantial legal grounds, the High
Court granted same and placed the purchasers in possession on 22nd May 2013. The Applicant
appealed against the High Court’s ruling to the Court of Appeal and applied to
the High Court for stay of Execution of the orders of 22nd May 2013
which was dismissed. A subsequent repeat application to the Court of Appeal was
al</main>