REPUBLIC V. CAPE COAST CIRCUIT COURT REGISTRAR; EX PARTE ARTHUR

APALOO C.J.

On 26 August 1975, house No. H.176, Agona Swedru, was sold by auction to satisfy a judgment obtained against one Rachel Aku Ankrah. There was some dispute about the validity of that sale. On account of this, when the registrar of the circuit court was asked by the purchaser to issue a certificate of purchase in accordance with the rules of court, he declined to do so.

To compel him to do this, the purchaser, Mary Arthur, sought leave of the High Court, Cape Coast, for an order of mandamus to compel him to issue such certificate. Leave was granted. When the court was about to be moved pursuant to such leave, the judgment debtor, Rachel Aku Ankrah was served with notice of the application. This accorded with Order 59, r. 4 (2) of the High Court (Civil Procedure) Rules, 1954 (L.N. 140A), because she was directly affected by the application.

Upon being served with the application, she filed in court, two affidavits dated 27 October and 27 November 1975. The first affidavit impugn…