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THE REGISTERED TRUSTEES OF PRESBYTERIAN CHURCH OF GHANA v. PHINEAS PAITOO

July 14, 2022

COURT OF APPEAL

GHANA

CORAM

  • BARBARA F. ACKAH-YENSU, J.A. (PRESIDING)
  • GEORGE K. KOOMSON, J.A.
  • ERIC BAAH, J.A

Areas of Law

  • Civil Procedure
  • Property and Real Estate Law

AI Generated Summary

The Ghana Court of Appeal, per Koomson JA, affirmed a High Court judgment arising out of competing claims to land at Atomic Hills Estate, Ashongman. The Appellant, a church, purchased approximately 0.98 acres from Raabshold Company Limited in 2013 after conducting searches and commencing a recreational center project. The Respondent claimed title through an auction sale supervised by the High Court, where the purchaser, Akwasi (Kwasi) Oppong, acquired the land and transferred it to him. The record showed that the land had been attached under a writ of fi fa issued in July 2010 and was later sold by the Deputy Sheriff in September 2014. Applying Order 45 Rule 6 and Rule 11 of the High Court (Civil Procedure) Rules, 2004 (C.I. 47), the Court of Appeal held that alienations of attached property without leave of court are nullities and that the auction sale, being absolute, transferred the judgment debtor’s interest to the purchaser. The Registrar’s letter (Exhibit P) was deemed ineffective to set aside the attachment or sale. The Appellant’s appeal on the weight of evidence failed; the Respondent’s title was upheld and the appeal dismissed.

JUDGMENT