OSEI-HWERE J.
The issue taken up by the parties as a preliminary point of law for the determination of the court is, “whether the sale violated Order 44, r. 14 of the Courts Ordinance, Cap. 4 (1951 Rev.), Sched. II.” Briefly, the background to the plaintiff’s action is that on 23 September 1970 the first defendant (as the plaintiff) recovered judgment against the plaintiff (as the defendant) in the sum of ¢270. Subsequently, the first defendant applied to the registrar of the trial district court grade I for a fi. fa. to issue for the attachment of the following properties of the plaintiff (then the judgment debtor):
“(1) One compound house at Ntronang and at a place commonly known and called Rest House ...
(2) All personal effects of the judgment debtor.”
Following this application, the plaintiff’s house was attached and the third defendant, a licensed auctioneer who had been authorised to sell the house, knocked it down for ¢400.75 to the second defendant. It is the plaintiff’s case th…