PARTNERS HEALTH SERVICES v. BIKKIA LIMITED & ORS
2016
SUPREME COURT
GHANA
CORAM
- ATUGUBA JSC (PRESIDING)
- BENIN JSC
- AKAMBA JSC
- APPAU JSC
- PWAMANG JSC
Areas of Law
- Civil Procedure
- Contract Law
- Property and Real Estate Law
2016
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The Supreme Court had to determine the rightful owner of a disputed property which saw two different claimants due to prior flawed auction proceedings. The initial auction was ruled void due to an expired writ of fi.fa, invalidating the sale. The Court confirmed that the title of the property remained with the 1st defendant as the judgment debtor had no right over it. The appeal favored the plaintiff and 1st defendant, reinstating the High Court's decision and nullifying the title certificate issued to the 5th defendant.
PWAMANG, JSC.
By a certificate of Purchase issued by the High Court Registrar, Accra dated 12th October, 1998 Silvercrest Investments Ltd acquired the title and interest of Bikkai Laboratories Ltd in H/No. BA 181/182, Bantama, Kumasi. Then by an indenture dated 27th October 1998, Partners Health Services Ltd acquired the title and interest of Bikkai Ltd in the same property.
In the appeals before us we are called upon to determine which of the two purchasers stated above is entitled to ownership and possession of the property in dispute. In this judgment the plaintiff/respondent/appellant shall be referred to as “plaintiff”, the 1st defendants/respondent/ appellant shall be referred to as “1st defendant” and 5th defendant/appellant/respondent as “5th defendant”. The 2nd, 3rd and 4th defendants are not parties to this appeal and will continue to be referred to as such.
Having regard to the fact that the validity of the auction sale as well as the bona fides of the parties have been raised in this case, we deem it necessary to set out the detailed facts in a chronological order for ease of analysis. So here we go; In 1995, the 3rd defendant, a German pharmaceutical company, through its lawyer, Kwaku Ansa-Asare of Hencil Chambers, brought an action in the High Court, Accra against Bikkai Laboratories Ltd, a sister company of 1st defendant. The action was to recover certain sums of money owed 3rd defendant for pharmaceutical products supplied on credit to Bikkai Laboratories Ltd. On 26th April, 1995 judgment was entered in favour of 3rd defendant. Upon application by 3rd defendant the Registrar of the High Court, Accra sealed a writ of fi.fa dated 24th May, 1995 for the attachment of the property in dispute to be sold in satisfaction of the judgment. More than one year after the fi.fa was issued the Registrar wrote to the 2nd defendant by letter dated 28th May, 1997, appointing him as the auctioneer to sell the property.
All this while the writ of fi.fa had not been executed by attachment of the property in dispute. It was when 2nd defendant received the authorization from the Registrar that he went to effect the attachment on 30th May 1996 and served the judgment debtor with a Notice of Auction to be held on 27th June, 1996. About the same time 2nd defendant published notice of the auction in the 6th June, 1996 edition of ‘The Pioneer’ newspaper in Kumasi.
Upon the attachment 1st defendant immediately filed a Notice of Claim, claiming ownership of the pr