TULARLEY V. ABAIDOO

ADUMUA-BOSSMAN J.S.C.

This appeal is against a judgment dated the 27th June, 1960, of Ollennu, J., sitting in the High Court, Accra, whereby he dismissed the claim of the plaintiff-appellant (who will hereafter be referred to shortly as the plaintiff) in favour of the defendant-respondent (who will be referred to shortly as the defendant) for the sum of £G572 15s. alleged to be the amount of rents collected by the said defendant in respect of three certain rooms in a house situate at Club Road, Accra, which the plaintiff claimed to have purchased validly at an auction sale in execution of a judgment of the now defunct Ga Native Court “B”. The action raised the issue of the legality or validity of the execution, and the conclusion or decision of the learned judge was that:

“The execution which issued upon exhibit A [the native court’s judgment] is illegal and void ab initio, and everything done under that execution is itself null and void.”

He gave as his grounds for this conclusion the …