Ratio Decidendi



DADZIE
V.
AMOAKO (ANOKYE-CLAIMANT)

(2004) JELR 63509 (CA)    
Court of Appeal  ·  4 Jun 2004 ·  Ghana
 · 
Other Citations
[2003-2005] 1 GLR 569
CORAM
ARYEETEY JA, AMONOO-MONNEY JA, ANIM JA

Ratio Decidendi

Core Terms Beta
sheriff
judgment
writ of execution
hands of the sheriff
learned trial judge
ln 140a
order
judgment debtor
proviso
goods of the execution debtor
high court
seizure
yaw amoako
alienation of the property
auction sale of the attached property
case
civil procedure
conduct of the auction sale
defendant-judgment debtor
edmund davies j
essential step
good faith
property of the judgment debtor
right of seizure
actual seizure of the debtor
bona fide purchaser
continuance of the renewed writ
correct interpretation of order
date of such renewal
execution of the said judgment
favour of rexford kyei anokye
issue of a writ of fi.fa
judgment debt
judgment debtor of the attached property
leave of the court
legal effect
legal title
like seal of the court
meaning of the word
notice of auction
notice of his claim
payment of the purchase price
plaintiff-judgment creditor
price of the attached property
provisions of order
sheriff’s officer
such writ
trial judge
written notice of renewal

JUDGEMENT

ARYEETEY JA.

A brief background to the interpleader summons which has resulted in this appeal is as follows: On 12 April 1991 the appellant, who is the plaintiff-judgment creditor, obtained judgment against the defendant-judgment debtor, Yaw Amoako in the sum DM 12,039 plus damages of 0200,000 and costs of 050,000. On 31 October 1991, pursuant to praecipe for the issue of a writ of fi.fa, a plot No 28A, Block IX, Gyinyase, Kumasi, the property of the judgment debtor, was attached in execution of the said judgment. On 18 November 1991 the sheriff issued an order prohibiting alienation of the property attached (exhibit 4). He also issued a notice of auction. The sheriff’s officer attached property No 28A, Block IX, Gyinyase by serving a copy of exhibit 4 on the judgment debtor, Yaw Amoako, and by affixing another copy on the property to be attached. On 25 November 1991 the sheriff entrusted the conduct of the auction sale to a licensed auctioneer.

Subsequent to these processes, …

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