DANDYCYN LIMITED v. THOMAS ANOKYE & ANOR

His Lordship Justice Dr. Richmond Osei-Hwere determined an interlocutory application by the Defendants/Judgment Debtors seeking to restrain the Plaintiff/Judgment Creditor and court officers from auctioning properties at Plots 115 and 116, Block "EE", Patuda/Daban, Kumasi. Following a 2016 default judgment and multiple valuations—including an independent valuer and the Regional Surveyor of the Lands Commission—the court, presided earlier by Justice Angelina Mensah-Homiah, fixed a reserve price of GHC 900,000. The Applicants alleged undervaluation and filed an appeal on 16 April 2018, asserting hardship and nugatory effect if the auction proceeded; the Respondent opposed, noting a similar stay had been dismissed and that the Registrar and auctioneer are court officers, not Respondent’s agents. Applying Order 25 Rule 1(1) and authorities such as Owusu v Owusu-Ansah, Vanderpuye v Nartey, and Halsbury’s Laws, the Court held Applicants failed to show a protectable right or irreparable harm, the balance of convenience favored the Respondent’s right to the fruits of judgment, and the proper relief was stay of execution rather than injunction. The application was dismissed with costs of GHC 5,000.