ATTA KWADWO AND OTHERS V. BADU

APALOO J.A.

The respondent was the owner of a cocoa farm at a place called Adease Bepoho on Offinso stool land. This farm was sold by public auction on 16 August 1969, to recover an order for costs of ¢300.00 made against him by the Offinso District Court on 25 March 1969. On 10 October 1969, respondent issued out of the High Court, Sunyani, a writ against the purchaser, auctioneer and two other named persons seeking an order setting aside the sale on the ground that such sale was illegal for two reasons, namely, first that by reason of the pendency of an appeal against the said order for costs there was an automatic stay of execution imposed by Order 58, r. 7 of the High Court (Civil Procedure) Rules, 1954 (L.N. 140A), as amended by the High Court (Civil Procedure) (Amendment) Rule, 1969 (L.I. 619), and inasmuch as the sale was conducted in contravention of that rule, the same was invalid, second, the appellants were obliged by law to proceed first against his movable property before …