GH - PERSUS MINING GH LTD v. WESTERN AUTOMOBILE LTD

RULING

This is an application for the removal of July Auction Mart as the officially appointed auctioneer. I have read the application and the affidavits filed by the parties. I have listened to both counsel for the parties. It appears to me that there was a scuffle on one of the date of the auction between officers of the Defendant/Judgment/Debtor and officers of the auctioneer which case has been reported to the police for investigation.

Since that matter is currently under investigation, I find it premature for me to use it as a basis to revoke the powers granted to the auctioneer. Until I receive a full report on that incident so as to be able to comprehend the underlying cause of the scuffle, I do not deem it necessary to remove the auctioneer appointed for the auction sale.

My attention has been drawn to Section 24(2) of the Auction Sales. I must say that the decision to remove an auctioneer is not based on the flimsy excuses or unsubstantiated allegations of a party. For a court to remove an auctioneer appointed to conduct an auction, there must be genuine and compelling reasons which are based on credible and sufficient evidence adduced before the court before such a decision shall be taken. Mere allegations without substantiation is not enough, in my view, to occasion the removal of an auctioneer.

In the circumstance, I refuse the application. I make no Order as to costs.

RULING

In the circumstance, I refuse the application. I make no Order as to costs.

PERSUS MINING GH LTD v. WESTERN AUTOMOBILE LTD

Areas of Law

RULING