DR. KWADWO DARKO v. ERIC JOHNSON & ANOR
2015
COURT OF APPEAL
GHANA
CORAM
- MARFUL-SAU, JA (PRESIDING)
- AGNES DORDZIE, JA
- GERTRUDE TORKORNOO, JA
Areas of Law
- Civil Procedure
- Property and Real Estate Law
- Commercial Law
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Court of Appeal heard a case concerning the disputed sale of property at an auction. The trial court had ruled in favor of the plaintiff, who acquired the property at an auction sale, but the defendants appealed. The core issues were whether the auction sale was lawful, whether the auctioneer had a valid license, and whether the trial court had jurisdiction. The Court of Appeal found that the auction was unlawful due to non-compliance with execution rules and the lack of a valid auctioneers license. Additionally, the trial court should have stayed the proceedings due to a pending appeal. Consequently, the trial court's ruling was overturned, favoring the defendants' counterclaim but without awarding damages.
MARFUL-SAU, JA:- On the 3rd of May 2007, the property known as No.176/14, Dzorwulu, Accra was sold at an auction pursuant to a judgment entered against the 2nd defendant/ appellant herein, by the District Court, Osu, Accra; in the case titled Mark Atiamo v. Samuel Addo Osei in Suit No A2/12/05. The said property was purchased by the plaintiff/ respondent herein who paid the consideration of ₵910, 000,000.00 (GH₵ 91,000.00) and as a result a Certificate of Purchase was issued to him by the court. However, on the 8th of August 2007, the 2nd defendant/appellant managed to set aside the auction sale of his house. The order setting aside the auction sale was subsequently vacated by the same District court, Osu, differently constituted on the 17th September 2007. The 2nd defendant /appellant appealed against the order vacating the earlier order setting aside the sale and obtained an order of stay of execution pending the appeal to the High Court. From the record it seems the 2nd defendant/appellant after the appeal issued a fresh writ of summons in the High Court, against the plaintiff/respondent herein and the Auctioneer who conducted the sale, this writ was however abandoned by the 2nd defendant/appellant.
Now, having filed the appeal in the High Court and obtained an order of stay of execution in the District Court, the 2nd defendant/appellant negotiated and sold the house the subject of the appeal to the 1st defendant/ appellant. The record of appeal reveals that before the plaintiff/ respondent could take absolute possession of the property in dispute the 1st defendant/appellant moved unto the property demolished it and constructed a new structure on the land. The plaintiff/ respondent, who had purchased the same property at the auction then took out this writ of summons at the High Court against the 1st and 2nd defendants/appellants for the reliefs below among others:-
a)declaration of title to the disputed property and recovery of possession;
b) perpetual injunction restraining the 1st defendant from developing the disputed property;
c) and various specified damages.
The 1st defendant/appellant in his defence counterclaimed for the following reliefs:-
i)declaration that the 1st defendant is the bona fide purchaser of the disputed property for value without notice of any prior encumbrance;
ii) declaration of title of the disputed property, and
iii) damages, general and special.
The case proceeded to trial at the High Court and on 28th October, 201