KMK LTD & ORS v. AGRICULTURAL DEVELOPMENT BANK LTD & ORS

RULING

DOTSE JSC;-

This is an application at the behest of the Co-Defendant/Respondent/Applicant hereafter referred to simply as the Applicant seeking an order varying the decision of a single Judge of this Court rendered on the 1st day of April 2014. This application is made pursuant to article 134 (b) of the Constitution 1992.

Even though the issues raised in this application are in a very narrow compass, i.e. whether there are any special circumstances to warrant the review of the order made by the single Judge on the said 1st day of April 2014, we will set out the historical context of this application for a full understanding of the ruling.

On the 15th June 2007, the High Court, Accra delivered a judgment in favour of the Co-Defendant/Respondent/Applicant and held that the said Applicant was the lawful purchaser of H/No. 5 Airport West. The High Court specifically held as follows:-

“The co-defendant claims to be a bondafide purchaser for value without notice. Their evidence was that, there was notice of sale by Auction of the property. They attended the sale, bidded for it and as the highest bidder, they won.

They subsequently paid for it, through their Bank, they now await the issuance of a Certificate of Purchase to them. They only knew that the property was being sold to settle the indebtedness of the judgment debtor, namely the plaintiffs herein. They had no notice of any impediment to the sale which was concluded regularly. I accept the evidence of the Co- Defendant and hold that they were bondafide purchaser for value without notice.”

A copy of the said judgment has been attached to the instant application as exhibit A. It must also be noted that, the reference to the Plaintiff therein is a reference to the Plaintiffs/Appellants/Respondents referred to simply as the Respondents.

Aggrieved by the decision of the High Court, the Respondents lodged an appeal against the decision of the High Court referred to supra to the Court of Appeal. In the meantime, pursuant to the said High Court decision, the Applicants took possession of the premises, the subject matter of that judgment and also of the instant application.

The Court of Appeal on 6th February 2014 delivered judgment in the said appeal lodged against the High Court judgment referred to supra and ordered the Applicant’s to vacate the said disputed property with immediate effect.

The Applicants, also this time feeling aggrieved with the Court of Appeal decision have also appealed the