KUMAH AND ANOTHER V. HIMAH

ANIN J.A.

This is an appeal from the judgment of the Sunyani High Court dated 10 October 1972 decreeing title in favour of the plaintiff to a cocoa farm known as Popoagya situate on Konsia stool land together with other ancillary reliefs and dismissing the co-defendant’s counter-claim.

The gist of the plaintiff’s action was that he bought the farm at an auction sale held at Konsia on 7 January 1969. The sale was under a writ of fi. fa. issued at the instance of the plaintiff judgment creditor in an earlier suit entitled Kwabena Anane v. Atta Kwadwo of Konsia and two others - suit No. HC.15/67. The plaintiff happened to be visiting Konsia on the day of the auction sale and his bid for the three lots of property (including the farm in dispute) offered for sale turned out to be the highest. “After the bid,” he continued in evidence, “I went and inspected the farm before I paid the purchase money.” He was shown round the farm by the auctioneer and the execution creditor; and was given to un…