TORTO V. ANKRAH

QUASHIE-SAM J.: This is an appeal against the decision of a district court grade I dated 19 August 1971 setting aside an auction sale on the grounds of an alleged irregularity.

It is necessary to show the background of the matter. On 29 April 1971 the plaintiff, Kardi Fulani, obtained judgment against the defendant, Beatrice Ankrah, for the sum of ¢510.00 with ¢30.00 costs. This was on the admission of liability for the debt by the defendant. At the instance of the plaintiff the house of the defendant was to be sold under a writ of fi. fa. issued under the order of the court in execution of the said judgment debt and costs. The sale was entrusted by the deputy sheriff of Koforidua to Mr. Fred Obodai Torto, a licensed auctioneer.

It is conceded by the defendant judgment debtor that several notices for the impending sale were issued by the auctioneer, but for some reason or other the sale never came on till 31 July 1971 when it was again postponed, because it rained and it was impossible …