DANDYCYN LIMITED vs. THOMAS ANOKYE & ANOR [2018]DLHC3722

Date	2018-04-09
Suit No.	SUIT NO.RPC/06/16
Citation No.	[2018]DLHC3722

LADYSHIP ANGELINA MENSAH-HOMIAH (MRS.)

YAW BOAFO FOR PLAINTIFF.

EDWARD ANOKYE FOR DEFENDANTS.

[2018]DLHC3722
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													<main id="main" class="content" style="min-height: 60rem" >DANDYCYN LIMITED<o:p></o:p>vs.<o:p></o:p>THOMAS ANOKYE &amp; ANOR<o:p></o:p>&nbsp;[HIGH COURT (COMMERCIAL
DIVISION), KUMASI]<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.RPC/06/16&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; &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: 9TH APRIL, 2018<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p>YAW BOAFO FOR PLAINTIFF. <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">

EDWARD
ANOKYE FOR DEFENDANTS. <o:p></o:p>

LADYSHIP
ANGELINA MENSAH-HOMIAH (MRS.)<o:p></o:p>

RULING<o:p></o:p>

</div>On
22/12/2017, counsel for the Plaintiff/Judgment Creditor/Applicant filed an
application for an order fixing the Reserved price of the Defendants/Judgment
Debtors’ property situate on Plot 115/116, Daban, Patuda, Kumasi which had been
attached by a writ of fifa on 21/12/2017.<o:p></o:p>Attached
to the affidavit in support was a valuation report commissioned by counsel for
the Plaintiff/Judgment Creditor but same was rejected by the court as
self-serving.<o:p></o:p>Even
though counsel for the Defendants/Judgment Debtors was aware of the return date
of the motion, he failed to show up in court but filed an affidavit in
opposition subsequently and also commissioned his valuer to file a report. When
the motion came up for hearing, the court ordered the Registrar of this court
to appoint an independent valuer to re-value the property which has been done.<o:p></o:p>When
the new valuation report was brought to the notice of counsel for the
Defendants/Judgment Debtors, he expressed serious reservations and prayed the
court to appoint the Government valuer to re-value the property.<o:p></o:p>The
court granted his request on 12/03/2018 and appointed the Regional Surveyor,
Lands Commission, Kumasi to do another valuation at the expense of the
Defendants/Judgment Debtors. The report was to be filed by 26/03/2018 and the
motion was adjourned to 09/04/2018.<o:p></o:p>Counsel
for the Defendants/Judgment Debtors has failed to come to court today and has
written yet another letter expressing his frustrations in getting the Head of
the valuation Division of the Lands Commission to comply with the order of the
court that notwithstanding, counsel ought to have come to court today so he
does not turn round to blame the court for proceeding in his absence.<o:p></o:p>Order
37 rule 2 of C.I. 47 provides that “it is the duty of the parties, their
lawyers and the court to avoid all unnecessary adjournments and other delays,
and to ensure that causes or matters are disposed of as speedily as the justice
of the case permits”.<o:p></o:p>What
is before the court is a simple application for Reserved Price. The court has
over indulged counsel for the Defendants/Judgment Debtors and any further
adjournment will further delay the fixing of the reserved price.<o:p></o:p>Accordingly,
the court will be guided by the valuation report filed by the independent
valuer appointed by the court.<o:p></o:p>Upon
a perusal of the valuation report filed by Surveyor Richard Darko, the
independent valuer appointed by the court, the reserved price of the
Defendants/Judgment Debtors’ property on Plots 115 and 116 Block “EE”,
Patuda/Daban, Kumasi is fixed at GHC 900,000.00.<o:p></o:p>The
Registrar of this court is to appoint a credible auctioneer in good standing to
auction the property and pay all the proceeds into court forthwith.<o:p></o:p>After
the auction sale, the auctioneer may apply for his commission which the Court
fixes at 4% to be paid less the statutory withholding tax.<o:p></o:p>After
the deduction of the judgment debt, the statutory charges and the auctioneer’s commission,
any amount outstanding is to be released to the Judgment Debtor forthwith.<o:p></o:p><o:p>&nbsp;</o:p>

<o:p>&nbsp;</o:p></main>