DANAWI & SONS V. DAKO

SARKODEE-ADOO, J.S.C.: This is an appeal from the ruling of Smith, J. dated the 19th March, 19581(1) making an order of certiorari quashing the order of the district magistrate dated the 9th November, 1955, for the sale of house No. D727/4, and also the certificate of purchase dated the 9th November, 1955, of the said premises.

The facts as found by the learned trial judge in the said ruling are as follows:

“The applicant Lako, with his sisters, owned land at Tudu, Accra, on which there was formerly a building known as D.727/4. By letter dated 7th April, 1947, he requested the Accra Town Council to send all notices about rates to him at his address in Koforidua. This letter was acknowledged. On the 9th November, 1955, the town clerk at Accra brought a motion ex parte before the district magistrate, Accra for an order for the sale of certain houses (one of which was the applicant’s) for which the rates had not been paid. The magistrate made an order for sale and the respondents bought th…