NDK FINANCIAL SERVICES LTD VS DELA AKPEY & ORS

Before this Court is an Application filed by the Purchasers of Residential Property No G 23, Maple Close situate at Community 18, Lashibi, Tema (Applicants) praying for an Order of Delivery of the said Property to them.

But first, a brief background to the present Application may be necessary;

On the 17th of February, 2017 the Plaintiff / Judgement Creditor (Plaintiff) obtained judgment against the Defendant / Judgement/ Debtor (Defendant) in this suit for inter alia the sum of Two Hundred and Twenty-Three Thousand Eighty Hundred and Thirty-Six Ghana Cedis and One Pesewa (GH¢ 223,836.01).

Upon the failure of the Defendant to make good the said amount, his Residential Property No. G 23, Maple Close situate at Community 18, Lashibi, Tema (the Property) was attached by the Plaintiff, sold at a public auction and purchased by Applicants. It is in respect of the Property that the instant application is brought.

CASE FOR APPLICANTS

Applicants say that on the 15th of February, 2023, they successfully purchased the said property at a Public Auction conducted by Mayfair Mart at the price of Nine Hundred and Sixty Thousand Ghana Cedis (GH¢ 960, 000.00.). After this, they were issued with a Certificate of Purchase on the 15th of March, 2023 but have still not been put into possession of the said Property. It is for this reason that they seek the intervention of this Court.

CASE FOR DEFENDANT

The Defendant/Judgement Debtor (Defendant) opposes this Application. In an affidavit sworn to by one Korleki Akpey who describes herself as the daughter of the Defendant, she alleges that she was the declared highest bidder at the said auction sale. According to her, the winning bid was Nine Hundred and Eighty Thousand Ghana Cedis (GH¢ 980,000.00.). She says that as the highest bidder, she was given time to make payment, however before she could do so, an Account Sales had been filed by the Auctioneer who claims to have sold the Property to the Applicants herein.

She further complains that, even before the time stipulated by the Rules for the sale to become absolute, a Certificate of Purchase had been issued to the Applicants. She accuses the Auctioneer of having sold the Property to the Applicants so as to prevent the Defendant from retaining his Property through her. Her case is that these procedural irregularities and blatant abuse of the Rules border on illegality which require that the sale be set aside.

CASE FOR PLAINTIFF

The affidavit sworn to on Plaintiff’s beha