GODWIN ZAGBEDE (PLAINTIFF) vs. URBAN CREDIT LTD. (DEFENDANT) HABIBA ADAMS (PURCHASER/RESPONDENT) [2016]DLHC7245

GODWIN ZAGBEDE (PLAINTIFF) vs. URBAN CREDIT LTD. (DEFENDANT) HABIBA ADAMS (PURCH... [2016]DLHC7245

Date	2016-06-14
Suit No.	SUIT NO. OCC/57/10
Citation No.	[2016]DLHC7245

HIS LORDSHIP GEORGE K. KOOMSON (J).

MICHEAL AKAMBEK FOR APPLICANT.

[2016]DLHC7245
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													<main id="main" class="content" style="min-height: 60rem" >GODWIN
ZAGBEDE<o:p></o:p>(PLAINTIFF)<o:p></o:p>vs.<o:p></o:p>URBAN CREDIT
LTD.<o:p></o:p>(DEFENDANT)<o:p></o:p>HABIBA ADAMS<o:p></o:p>(PURCHASER/RESPONDENT)<o:p></o:p>[HIGH COURT (COMMERCIAL
DIVISION), 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">

SUIT
NO. OCC/57/10&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; DATE:
14TH MARCH, 2016<o:p></o:p>

MICHEAL
AKAMBEK FOR APPLICANT.<o:p></o:p>

</div>CORAM:<o:p></o:p>HIS
LORDSHIP GEORGE K. KOOMSON (J).<o:p></o:p><div style="mso-element:para-border-div;border-top:solid windowtext 1.5pt;
border-left:none;border-bottom:solid windowtext 1.5pt;border-right:none;
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<p class="MsoNormal" align="center" style="margin-bottom:0in;margin-bottom:.0001pt;
text-align:center;line-height:115%;border:none;mso-border-top-alt:solid windowtext 1.5pt;
mso-border-bottom-alt:solid windowtext 1.5pt;padding:0in;mso-padding-alt:1.0pt 0in 1.0pt 0in">RULING<o:p></o:p>

</div>On the 2nd March, 2016, I dismissed the
application filed by the plaintiff/judgment/debtor/applicant and reserved by
reasons, which I now proceed to give.<o:p></o:p>In this application the applicant sought an order
of the court to set aside the order of this court made on the 19th
January, 2016 for the delivery of House No. 401/12, Teshie-Nungua Estates,
Accra to the purchaser, Habiba Adams.<o:p></o:p>I have read the application and the affidavit in
support.&nbsp; I have also considered the
submissions of applicant’s counsel.&nbsp;
Thoughtful consideration has also been given to the High Court (Civil
Procedure) Rules, 2004 (C.I.47) and the Auction Sales Act, 1989.<o:p></o:p>It is however useful for me to refer to order 45
rule 10(1) of C.I.47 and rules 11 and 12(3) of same which provide as follows:-<o:p></o:p>“10(1)
at any time within twenty-one days from the date of the sale of any immovable
property, an application may be made to the court to set aside the sale on the
ground of any material irregularity in the conduct of the sale, but no sale
shall be set aside on the ground of such irregularity unless the applicant
proves to the satisfaction of the court that he has sustained substantial
injury by reason of the irregularity.<o:p></o:p>11(1)
If no application is made under rule 10, the sale shall become absolute. <o:p></o:p>(3)
After a sale of immovable property becomes absolute or is confirmed under this
rule, the court shall grant a certificate to the person who was declared the
purchaser at the sale to the effect that that person has purchased the right,
title and interest of the judgment debtor in the property sold.<o:p></o:p>(4)
A certificate of purchase granted under sub rule (3) is a valid transfer of the
right, title and interest of the judgment debtor in the property sold.”<o:p></o:p>A summary of the facts giving rise to the present
application is that on the 22nd February, 2010, the court entered a
consent judgment in the substantive matter.&nbsp;
The inability of the applicant herein to settle the judgment debt caused
the then defendant/judgment/creditor to attach the property of the
plaintiff/applicant herein.&nbsp; The sale was
conducted by public auction on the 9th April, 2015.<o:p></o:p>The purchased/respondent herein was adjudged the
purchaser of the property.&nbsp; A certificate
of purchase was issued to the purchaser on the 29th April,
2015.&nbsp; On the 30th July, 2015
the purchaser then filed an application in this court for an order of delivery
of the property purchased.&nbsp; The
plaintiff/applicant opposed the said application.<o:p></o:p>The court gave its ruling on the matter on the 19th
January, 2016 and granted the application.&nbsp;
The court ordered the purchaser to have possession of the property
purchased as the sale had become absolute (the plaintiff had not taken steps to
set aside the sale within the 21 days stipulated by the rules).&nbsp; The court however, gave the
plaintiff/applicant herein 30 days to vacate the property.&nbsp; After the said ruling of the court on the 19th
January, 2016, the plaintiff/applicant then filed a writ of summons against the
Urban Credit, the executors/administrators of one Jacobus Vanderpuye .&nbsp; This writ was filed on the 2nd
February, 2016.&nbsp; In the said writ of
summons, the plaintiff/applicant seeks the following reliefs:-<o:p></o:p>