Partners Health Service Vrs Bikkia Ltd and Others [2016] GHASC 14 (27 April 2016)

Partners Health Service Vrs Bikkia Ltd and Others [2016] GHASC 14 (27 April 2016)

The auction sale was void ab initio as it was conducted on an expired writ of fi.fa, and the judgment debtor had no title to the property. Therefore, the 5th defendant acquired no title, and the subsequent certificate of purchase was a nullity. The plaintiff, having purchased from the true owner after due diligence, acquired good title.

Citation
[2016] GHASC 14
Parties
Plaintiff: Partners Health Services Ltd; 1st Defendant: Bikkia Limited; 2nd Defendant: Moses Antwi; 3rd Defendant: Dangschaft GmbH; 4th Defendant: Deputy Sheriff High Court Accra; 5th Defendant: Silvercrest Investment Ltd
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
27 April 2016
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From Court of Appeal
Outcome
Appeal allowed; judgment of Court of Appeal set aside; High Court judgment restored.
Legal Topics
Auction Sales, Title to Land, Execution of Judgments, Nemo Dat Principle, Corporate Personality
Source Language
English
Property Law Civil Procedure Auction Sales Title to Land Execution of Judgments Nemo Dat Principle Corporate Personality

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Parties

Partners Health Services Ltd

Plaintiff

Bikkia Limited

1st Defendant

Moses Antwi

2nd Defendant

Dangschaft GmbH

3rd Defendant

Deputy Sheriff High Court Accra

4th Defendant

Silvercrest Investment Ltd

5th Defendant

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From Court of Appeal

Legal Issues

  1. 1 Whether the auction sale conducted on 12th December 1997 was valid and in accordance with the law
  2. 2 Whether breaches of auction laws invalidated the sale
  3. 3 Whether the judgment debtor had title to the property such that title could pass to the auction purchaser

Ratio Decidendi

The auction sale was void ab initio as it was conducted on an expired writ of fi.fa, and the judgment debtor had no title to the property. Therefore, the 5th defendant acquired no title, and the subsequent certificate of purchase was a nullity. The plaintiff, having purchased from the true owner after due diligence, acquired good title.

Court Disposition

Appeal allowed; judgment of Court of Appeal set aside; High Court judgment restored.

Orders

  • Plaintiff declared owner of the property and entitled to possession.
  • Certificate of purchase issued to 5th defendant cancelled.