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MADJOUB V. JOHN HOLT BARTHOLOMEW & CO. LTD. AND OTHERS

(1967) JELR 66661 (HC)

High Court  •  15 Aug 1967  •  Ghana

Coram
ANNAN J.

Judgement

ANNAN J.: The plaintiff’s claim is for:

(1) A declaration that the sale by public auction on 16 September 1963 of the property situate at plot No. 24 Block P, Ayigya, Kumasi (formerly known as Plot Nos. 2, 3, 4, and 5 Ayigya, Kumasi) to the third defendant by the second defendant at the instance of W. Bartholomew and Co., Ltd. of Kumasi, the predecessors of the first defendant is void and of no legal effect whatsoever.

(2) Damages for the said unlawful sale.

(3) An order for the defendants to account to the plaintiff for all the rents which have accrued out of the said house from 16 September 1963 until the date of judgment.

(4) An order for the defendants to return to the plaintiff the furniture, fittings and fixtures in the said house and for damages for the wrongful use of the said furniture, fixtures and fittings.

The action arose as a result of the sale by public auction under a writ of fi. fa. of the premises described in the writ together with certain movables in it consisting mainl…

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