GODWIN ZAGBEDE VS URBAN CREDIT LTD

On the 2nd March, 2016, I dismissed the application filed by the plaintiff/judgment/debtor/applicant and reserved by reasons which I now proceed to give. In this application the applicant sought an order of the court to set aside the order of this court made on the 19th January, 2016 for the delivery of House No. 401/12, Teshie-Nungua Estates, Accra to the purchaser, Habiba Adams. I have read the application and the affidavit in support. I have also considered the submissions of applicant’s counsel. Thoughtful consideration has also been given to the High Court (Civil Procedure) Rules, 2004 (C. I. 47) and the Auction Sales Act, 1989. It is however useful for me to refer to order 45 rule 10(1) of C. I. 47 and rules 11 and 12(3) which provides as follows: - “10(1) at any time within twenty-one days from the date of the sale of any immovable property, an application may be made to the court to set aside the sale on the ground of any material irregularity in the conduct of the sale, but no sale shall be set aside on the ground of such irregularity unless the applicant proves to the satisfaction of the court that he has sustained substantial injury by reason of the irregularity.” 11(1) if no application is made under rule 10, the sale shall become absolute. 3) after a sale of immovable property becomes absolute or is confirmed under this rule, the court shall grant a certificate to the person who was declared the purchaser at the sale to the effect that that person has purchased the right, title and interest of the judgment debtor in the property sold. 4) a certificate of purchase granted under sub rule (3) is a valid transfer of the right, title and interest of the judgment debtor in the property sold.” A summary of the facts giving rise to the present application is that on the 22nd February, 2010, the court entered a consent judgment in the substantive matter. The inability of the applicant herein to settle the judgment debt caused the then defendant/judgment/creditor to attach the property of the plaintiff/applicant herein. The sale was conducted by public auction on the 9th April, 2015. The purchaser/respondent herein was adjudged the purchaser of the property. A certificate of purchase was issued to the purchaser on the 29th April, 2015. On the 30th July, 2015 the purchaser then filed an application in this court for an order of delivery of the property purchased. The plaintiff/applicant opposed the said application. The court gave its ruling on the matte