OSEI-HWERE J.
The defendant was the purchaser at an auction sale of the plaintiff's cocoa farm which had been attached under a writ of fi. Fa. To satisfy a judgment debt owed by some three men. These men were originally sued alongside the defendant as the first, second and third defendants and the action was subsequently discontinued against them. The undisputed facts are that the first, second and third defendants sued the plaintiff in this High Court for malicious prosecution and obtained judgment on 18 May 1962. The plaintiff being dissatisfied and aggrieved by the said judgment appealed to the Supreme Court and on 23 March 1966 that court allowed the plaintiff's appeal and set aside the judgment of the High Court. It was during the pendency of the appeal that in purported execution of their judgment obtained in the High Court the first, second and third defendants caused the plaintiff's cocoa farm to be sold at a public auction pursuant to a writ of fi. Fa. The plaintiff has plead…