Kmk Ltd and Others Vrs Agricultural Development Bank Ltd and Another [2014] GHASC 160 (29 May 2014)

Kmk Ltd and Others Vrs Agricultural Development Bank Ltd and Another [2014] GHASC 160 (29 May 2014)

No special or exceptional circumstances exist to warrant review or variation of the single judge's order refusing stay of execution, as the execution and auction sale were void for want of leave, and applicants were not the highest bidders at auction.

Source-derived case information.

Citation
[2014] GHASC 160
Parties
Plaintiff/appellant/respondent: KMK LTD; Plaintiff/appellant/respondent: Kwabena Adutwum; Plaintiff/appellant/respondent: Selina Owusu; Defendant/respondent: Agricultural Development Bank Ltd; Co Defendant/respondent/applicant: Kumesh (GH) Ltd
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
29 May 2014
Procedural Posture
Review Motion (single Judge) / Ruling on Application to Vary Single Judge's Order Refusing Stay of Execution
Outcome
Application for review dismissed
Legal Topics
Stay of Execution, Review of Judicial Orders, Auction Sales, Execution of Judgments
Source Language
english
Civil Procedure Property Law Stay of Execution Review of Judicial Orders Auction Sales Execution of Judgments

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Parties

KMK LTD

Plaintiff/appellant/respondent

Kwabena Adutwum

Plaintiff/appellant/respondent

Selina Owusu

Plaintiff/appellant/respondent

Agricultural Development Bank Ltd

Defendant/respondent

Kumesh (GH) Ltd

Co Defendant/respondent/applicant

Procedural Posture

Review Motion (single Judge) / Ruling on Application to Vary Single Judge's Order Refusing Stay of Execution

Legal Issues

  1. 1 Whether special circumstances exist to warrant review of the single judge's order refusing stay of execution
  2. 2 Whether execution and auction sale of property was valid
  3. 3 Whether applicants were bona fide purchasers and highest bidders at auction

Ratio Decidendi

No special or exceptional circumstances exist to warrant review or variation of the single judge's order refusing stay of execution, as the execution and auction sale were void for want of leave, and applicants were not the highest bidders at auction.

Court Disposition

Application for review dismissed

Orders

  • Applicants given three months from date of ruling to vacate the premises