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ELVISCO FARMS v. KENNEDY TWI & SONS LIMITED AND MR. KENNEDY TWI

2018

HIGH COURT

GHANA

CORAM

  • ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT

Areas of Law

  • Civil Procedure
  • Property and Real Estate Law

AI Generated Summary

The case concerns an application to set aside a court order dated 21/12/2017 related to a property purchased at auction. The main issues revolve around the proper service of hearing notice and the validity of a previously granted writ of delivery and ejection. The court found that there was doubt about the proper service of the hearing notice, especially if the business in question was a limited liability company. Despite acknowledging that the auction sale had become absolute, the court decided to set aside its previous order dated 19/02/2018 that granted leave to issue a writ of delivery and ejection of occupants. The court emphasized that in auction sales, occupants are required to attorn tenancy to the purchaser after a writ of delivery is issued. The ruling highlights the importance of proper service in legal proceedings and the court's discretion in granting appropriate writs. No costs were ordered, and the court left it to the Applicant's counsel to "put her house in order" in light of the ruling.

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