ANOKYI AND OTHERS V. TUFFOUR

ADADE J.S.C.

By his decision dated 6 November 1979 (the reasons for which were given on 12 November 1979) Osei-Hwere J. (as he then was) sitting at Cape Coast set aside the sale by public auction of the plaintiff’s house on the ground that it was unlawful, and contravened Order 44, r. 14 of the Court’s Ordinance, Cap. 4 (1951 Rev.), Sched. II. The defendants challenge this decision.

On 23 September 1970 the first defendant recovered judgment against the plaintiff for ¢270. In execution of this judgment he applied for a writ of fifa to attach and sell: “1. One compound house at Ntronang and at a place commonly known and called Rest House. 2 All personal effects of the defendant-judgment debtor [now the plaintiff].” The writ of fifa was issued in October 1970. The sale of the house was duly advertised, but did not take place till 26 April 1972. The second defendant was the purchaser; the third defendant was the auctioneer. Later the second defendant resold the house to the co-defendant, S…