OPTIMUM ENTERTAINMENT LTD. & OTHERS v. H. F. C. BANK (GHANA) LIMITED
2015
COURT OF APPEAL
GHANA
CORAM
- OWUSU (MS), J.A. (PRESIDING)
- ACQUAYE, J.A.
- WELBOURNE(MRS), J.A
Areas of Law
- Civil Procedure
- Contract Law
- Property and Real Estate Law
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The plaintiff sought repayment of a loan, interest, and a judicial sale of property from the defendants who failed to file a defense, leading to a default judgment. Dispute over the property's valuation led the trial judge to independently seek a valuation from the Land Valuation Board, which failed to produce timely results. The plaintiff accepted the defendant's higher valuation. The trial judge vacated the previous order and set the sale price. The defendants appealed, arguing the judge lacked the power to vacate the order suo motu and that the acceptance of the counter-valuation amounted to a review. The appellate court dismissed the appeal, upholding the trial court's decisions.
ACQUAYE, J. A.
The facts leading to this appeal are not controverted.
The plaintiff/respondent issued a writ of summons accompanied by a statement of claim against the defendants/appellants for the following reliefs:-
1. Payment of the sum of GH¢708,089.22 being principal and interest on a loan granted the 1st defendant/appellant and guaranteed by the 2nd and 3rd defendants/appellants.
2. Interest on the above sum.
3. An order for the judicial sale of house number 28 Block Section 093 situate at Martey Tsuru in Accra used as security for the loan.
After entry of conditional appearance the defendants failed to file a statement of defence so the plaintiff/respondent filed a motion for final judgment in default of defence which was granted. The plaintiff/respondent subsequently filed a motion on notice for the determination of a reserved price for the sale of the judgment debtors mortgaged property and attached thereto a valuation report which assessed the forced sale value of the property at GH¢750,000.00. In their affidavit in opposition the defendants/appellants disputed the value placed on the property by the plaintiff/respondent’s valuers. The defendants/appellants attached their valuer’s report which assessed the forced sale value of the same property at GH¢920,000.00. At the hearing of the application the parties could not agree on what value to place on the attached property so the trial judge on 14th June 2011 appointed the Land Valuation Board to independently value the property and file its report before the next adjourned date of 14th July 2011.
Six months after the order and after many adjournments the Land Valuation Board failed to present its report to the court so at a latter sitting the plaintiff/respondent’s Counsel orally informed the court that in view of the Land Valuation Board’s delay in submitting its report, the plaintiff was willing to accept the defendants valuation of the property which assessed the forced sale value at GH¢920,000.00. As a result the trial judge ruled that “To the extent that the Valuation Report on the property is still not ready I hereby in the interest of justice suo motu vacate the order made by the court on 14th June 2011 concerning the referral of the re-valuation of the property to Land Valuation Board. Now to the extent that the Defendant has provided this court with alternative or counter valuation of the property, now that the plaintiff is prepared to adopt same this court rules that the propert