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NANA APPENTENG AFRAMPONG & ANOTHER v. THE DEPUTY SHERIFF & OTHERS

2012

COURT OF APPEAL

GHANA

CORAM

  • APALOO J.A. (PRESIDING)
  • DUOSE J.A.
  • AYEBI J.A

Areas of Law

  • Civil Procedure
  • Property and Real Estate Law
  • Evidence Law

AI Generated Summary

On appeal from the Sekondi High Court, the Court of Appeal (Ayebi J.A., with Apaloo J.A. presiding and Duose J.A. concurring) addressed an attempt by Nana Appenteng Aframpong and Krah Brothers to set aside the execution sale of Aframpong’s house at Effia-Kuma, Takoradi, arising from a judgment obtained by Honish GMBH. Notices on the court board said the auction would occur at 2:00 p.m. on 15 September 2005, but a Ghanaian Times notice fixed 11:00 a.m., and the auction was held at 11:00. The 3rd defendant bought for ¢966 million and received a certificate of purchase. Plaintiffs alleged fraud and illegality under PNDCL 230. The Court of Appeal found the sale irregular, not illegal; held that an application to set aside must be made within 21 days and with proof of substantial injury; concluded plaintiffs proved neither fraud nor injury; affirmed dismissal; and set aside costs awarded to the non-participating Deputy Sheriff while affirming costs for the other defendants.

JUDGMENT