DANDYCYN LIMITED vs THOMAS ANOKYE & ANOR
  • IN THE SUPERIOR COURT OF JUDICATURE
    IN THE HIGH COURT (COMMERCIAL DIVISION),
    KUMASI - A.D 2019
DANDYCYN LIMITED - (Plaintiff)
THOMAS ANOKYE & ANOR - (Defendant)

DATE:  9 TH APRIL, 2018
SUIT NO:  RPC/06/16
JUDGES:  LADYSHIP ANGELINA MENSAH-HOMIAH (MRS.)
LAWYERS:  YAW BOAFO FOR PLAINTIFF
EDWARD ANOKYE FOR DEFENDANTS
RULING

 

On 22/12/2017, counsel for the Plaintiff/Judgment Creditor/Applicant filed an application for an order fixing the Reserved price of the Defendants/Judgment Debtors’ property situate on Plot 115/116, Daban, Patuda, Kumasi which had been attached by a writ of fifa on 21/12/2017.

 

Attached to the affidavit in support was a valuation report commissioned by counsel for the Plaintiff/Judgment Creditor but same was rejected by the court as self-serving.

Even though counsel for the Defendants/Judgment Debtors was aware of the return date of the motion, he failed to show up in court but filed an affidavit in opposition subsequently and also commissioned his valuer to file a report. When the motion came up for hearing, the court ordered the Registrar of this court to appoint an independent valuer to re-value the property which has been done.

 

When the new valuation report was brought to the notice of counsel for the Defendants/Judgment Debtors, he expressed serious reservations and prayed the court to appoint the Government valuer to re-value the property.

The court granted his request on 12/03/2018 and appointed the Regional Surveyor, Lands Commission, Kumasi to do another valuation at the expense of the Defendants/Judgment Debtors. The report was to be filed by 26/03/2018 and the motion was adjourned to 09/04/2018.

 

Counsel for the Defendants/Judgment Debtors has failed to come to court today and has written yet another letter expressing his frustrations in getting the Head of the valuation Division of the Lands Commission to comply with the order of the court that notwithstanding, counsel ought to have come to court today so he does not turn round to blame the court for proceeding in his absence.

 

Order 37 rule 2 of C.I. 47 provides that “it is the duty of the parties, their lawyers and the court to avoid all unnecessary adjournments and other delays, and to ensure that causes or matters are disposed of as speedily as the justice of the case permits”. What is before the court is a simple application for Reserved Price. The court has over indulged counsel for the Defendants/Judgment Debtors and any further adjournment will further delay the fixing of the reserved price. Accordingly, the court will be guided by the valuation report filed by the independent valuer appointed by the court. Upon a perusal of the valuation report filed by Surveyor Richard Darko, the independent valuer appointed by the court, the reserved price of the Defendants/Judgment Debtors’ property on Plots 115 and 116 Block “EE”, Patuda/Daban, Kumasi is fixed at GHC 900,000.00.

The Registrar of this court is to appoint a credible auctioneer in good standing to auction the property and pay all the proceeds into court forthwith.

 

After the auction sale, the auctioneer may apply for his commission which the Court fixes at 4% to be paid less the statutory withholding tax. After the deduction of the judgment debt, the statutory charges and the auctioneer’s commission, any amount outstanding is to be released to the Judgment Debtor forthwith.