GHANA HOME LOANS LTD. vs ROBERT AHOMKA-LINDSAY & ANOTHER
January 31, 2023
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE AFI AGBANU KUDOMOR (MRS.)
Areas of Law
- Civil Procedure
- Property and Real Estate Law
January 31, 2023
HIGH COURT
GHANA
CORAM
Try asking the following...
The Plaintiff/Judgment Creditor and the Claimant herein having agreed to the terms set out below.
By Consent all proceedings in this action be stayed except for the purpose of carrying such terms into effect.
1. Property No. 28 Plot 976, Mensah Wood Street, East Legon – Accra be sold at a public auction in accordance with the Rules of Court and Procedure as well as the Auction Sales Act, 1989 (PNDCL 230) and the sale proceeds given to the Plaintiff/Judgment/Creditor in satisfaction of the Defendant/Judgment Debtor’s indebtedness to it which currently stands at Five Hundred and Sixty-Two Thousand One Hundred and Thirty-Three United States Dollars Ninety-Two Cents (USD$562,133.92) and continues to attracts the agreed interest rate of 22.50% per annum.
2. Further to paragraph 1 above, the Plaintiff/Judgment/Creditor and the Claimant herein have agreed that any remainder of the auction sales proceeds (after the Plaintiff/Judgment/Creditor had taken out what is owed to it by the Defendant/Judgment/Debtor) should be given to the Claimant in partial satisfaction of the Defendant/Judgment Debtor’s indebtedness to it which currently stands at Eight Million Three Hundred and Ninety-Three Thousand, Two Hundred and Forty-Seven Ghana Cedis, Thirty-Six Pesewas (GH¢8,393,247.36) and Four Million Three Hundred and Fifty-Eight Thousand, One Hundred and Fifteen Ghana Cedis, Thirty-Seven Pesewas (GH¢4,358,115.37) in Suit No. CM/BFS/0645/2016 and CM/BFS/0647/2016 respectively.
3. Property No. 29 Plot 976, Mensah Wood Street, East Legon – Accra be sold at a public auction in accordance with the Rules of Court and Procedure as well as the Auction Sales Act, 1989 (PNDCL 230) and the sale proceeds given to the Claimant herein in satisfaction of the Defendant/Judgment Debtor’s indebtedness to the Claimant.
4. Property No. 26 Plot 976, Mensah Wood Street, East Legon – Accra be sold at a public auction in accordance with the Rules of Court and Procedure as well as the Auction Sales Act, 1989 (PNDCL 230) and the sale proceeds given to the Claimant herein in satisfaction of the Defendant/Judgment Debtor’s indebtedness to the Claimant.
5. That this Honourable Court shall enter the above terms as the Judgment of the Court.
SIGNED AND DATED IN ACCRA, THIS 27TH DAY OF JANUARY, 2023
(SGD) SGD)
___________________________ ___________________________
(FOR AND ON BEHALF OF (FOR AND ON BEHALF OF
PLAINTIFF/JUDGMENT/CREDITOR)
AI Generated Summary
In a consent judgment of the High Court, presided over by Her Ladyship Justice Afi Agbanu Kudomor (Mrs.), the Judgment Creditor and the Claimant filed Terms of Settlement on 27 January 2023. They agreed that proceedings be stayed except to implement agreed measures to liquidate the Defendant/Judgment Debtor’s liabilities through public auction of properties at Plot 976, Mensah Wood Street, East Legon, Accra. Property No. 28 is to be sold, with proceeds first satisfying the Judgment Creditor’s dollar-denominated debt of USD 562,133.92 at 22.5% interest, with any remainder paid to the Claimant toward debts adjudged in Suit Nos. CM/BFS/0645/2016 and CM/BFS/0647/2016. Properties No. 29 and No. 26 will also be sold at public auction, with proceeds paid to the Claimant. The settlement was signed for the parties by Charles K. Danso and Shirley Longdon, with witnesses Isaac Antwi and Emmanuel Neequaye. The Court adopted these Terms as its judgment.