VAN LARE J.
This is an appeal by special leave from the judgment of the Land Court, Cape Coast, dismissing an appeal by the plaintiff from a decision of the North Birim Native Court" A."
The case arose out of a civil suit instituted by the defendant against one Kwame Noah, as principal debtor, and the plaintiff in the present suit as a surety, in which the claim against them jointly and severally was for a sum of money due and owing. The defendant, who was plaintiff in that suit, obtained a judgment and proceeded to execution whereby a cocoa farm, the property of the plaintiff in the present suit, was sold under a process of fl. fa. and bought by one Kwabena Gyasi. There is no dispute that the plaintiff, who was the second defendant in the case, never appeared at any stage of the proceedings. She now alleges that the writ of summons in the case had not been served on her and maintains therefore that the judgment recovered against her was a nullity, and that being so the sale of her coc…