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(1972) JELR 68714 (HC)

High Court  •  13 Jun 1972  •  Ghana



MENSAH BOISON J.: The defendant-appellant as landlord (to be referred to simply as the defendant) had judgment against the plaintiff-respondent as tenant (hereafter referred to as the plaintiff) for the recovery of arrears of rent for the sum of ¢11.00 plus costs of ¢5.00. This judgment dated 18 April 1969 is marked exhibit B. Subsequently on 26 September 1969 defendant applied to the registrar of the court as deputy sheriff for a writ of fi. fa. to levy execution for the amount of ¢16. On 15 October 1969 the registrar issued the fi. fa. for a total sum of ¢18.50; the additional ¢2.50 representing the cost of the writ. On 16 October 1969 the plaintiff made part payment of ¢9.00 to the registrar and the fi. fa. was eventually executed for the balance of ¢9.50. Pursuant to the fi. Fa. bailiff on 21 October 1969 removed some personal effects of the plaintiff from his dwelling-house in execution and lodged them with the auctioneer for sale. No sale, however, took place because before the …

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