OKINE AND ANOTHER VRS. PROTEUS LIMITED (CM/0322/2016) [2024] GHAHC 49 (7 June 2024)
Applicants, having sold the property, cannot reclaim possession or seek reserved price; remedy is limited to suing for outstanding balance. Granting the application would result in unjust enrichment, which the law prohibits.
- Citation
- OKINE AND ANOTHER VRS. PROTEUS LIMITED (CM/0322/2016) [2024] GHAHC 49 (7 June 2024)
- Parties
- Plaintiff/applicant: Nii Kommey Okine; Plaintiff/applicant: Bernice Okine; Defendant/respondent: Proteus Limited
- Court
- ghahc
- Jurisdiction
- Ghana
- Judgment Date
- 7 June 2024
- Procedural Posture
- Application for Order for Reserved Price / Ruling on Application
- Outcome
- application dismissed
- Legal Topics
- Sale of Property, Remedies for Breach of Contract, Unjust Enrichment
- Source Language
- eng
Case Brief
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Parties
Nii Kommey Okine
Plaintiff/applicant
Bernice Okine
Plaintiff/applicant
Proteus Limited
Defendant/respondent
Procedural Posture
Application for Order for Reserved Price / Ruling on Application
Legal Issues
- 1 Whether the applicants are entitled to an order for reserved price in respect of the attached property
- 2 Whether the applicants can reclaim possession of the property after sale upon default of payment
Ratio Decidendi
Applicants, having sold the property, cannot reclaim possession or seek reserved price; remedy is limited to suing for outstanding balance. Granting the application would result in unjust enrichment, which the law prohibits.
Court Disposition
application dismissed
Full Case Text
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