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AFARI
V.
NYAME

(1961) JELR 64151 (HC)

High Court 24 Oct 1961 Ghana
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- The appellant and the respondent both claim title to the land in dispute through the same person, Kwame Amponsah Darko. - The appellant's claim is based on a sale made by private treaty on December 30, 1950. - The respondent's claim is ba

Case Details

Judges:OLLENNU J
Counsel:G. KORANTENG-ADDOW FOR THE PLAINTIFF-APPELLANT; TWUM-BARIMA FOR THE DEFENDANT-RESPONDENT.

OLLENNU J.

Both the appellant and the respondent claim title to the land in dispute through one and the same person, one Kwame Amponsah Darko. The appellant based his claim upon a sale made by private treaty on the 30th December, 1950, while the respondent based his claim upon a sale made to him on the 15th September, 1958, by one Kwadjo Duku who purchased the right title or interest of the same Kwame Amponsah Darko at a sale in execution against the said Kwame Amponsah Darko, made on the 30th July, 1951.

A purchaser at a sale in execution acquires nothing more than the right, title and interest of the execution-debtor. In July, 1951, Kwame Amponsah Darko had no right, title or interest in the farms in dispute because he had already disposed of the same to the respondent as far back as December, 1950. Therefore Amponsah Darko obtained no title to the farms in dispute by the sale under the attachment. Consequently, the respondent who bought from the said Amponsah Darko, also acquired no…

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