AKITI CHRISTIAN VS MANYA KROBO RURAL BANK
2024
COURT OF APPEAL
GHANA
CORAM
- P. BRIGHT MENSAH JA PRESIDING
- JEROME NOBLE-NKRUMAH JA
- HAFISATA AMALEBOBA (MRS) JA
Areas of Law
- Civil Procedure
- Commercial Law
- Property and Real Estate Law
2024
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The case involves an appeal against the Koforidua High Court's decision refusing to set aside the sale of the defendant's property, which was used as security for a loan from the plaintiff bank. The auction sale was contested on grounds of violating the Auction Sales Act, 1989. The Court of Appeal dismissed the appeal, upholding that the auction was conducted properly, within the legal requirements, and that the defendant was given a fair hearing. Legal principles discussed include the mandatory nature of the 21-day requirement for challenging a judicial sale and the necessity to prove substantial injury from irregularities in an auction sale.
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 sale of the defendant/appellant’s property was in
complete violation of statute.
3. The learned judge erred in law by delivering a judgment
without notice to the defendant/appellant.
4. Additional grounds of appeal to be filed upon receipt of the
record of proceedings. See: pp 146-147 [roa].
So far as the records go, no additional grounds of appeal were filed. In this appeal the defendant/appellant shall simply be referred to as the defendant whilst the plaintiff/respondent shall also be referred to as the plaintiff.
Reliefs sought from the Court of Appeal:
The defendant seeks the following reliefs from this court, namely:
1. The ruling of the trial court dated 21st December 2018 be set aside.
2. Any other relief(s) that the Court of Appeal may deem meet.
The appeal:
It is trite learning that an appeal is by way of re-hearing the case.
The Court of Appeal Rules, C.I 19 per rule 8(1) provides that any appeal to the court shall be by way of re-hearing. The rule has received ample judicial interpretation in many cases to mean that the appellate court is enjoined by law to review the whole evidence on record and come to its own conclusion as to whether the findings of the lower court both on the law and facts, were properly made and supportable. See: R v High Court (General Jurisdiction 6); Exparte Attorney-General (Exton Cubic – Interested Party) (2020) DLSC 8755.
Key background:
Briefly stated, the plaintiff bank herein advanced certain sums of money to the defendant an