Customer Support

TULARLEY
V.
ABAIDOO

(1962) JELR 67771 (SC)

Supreme Court 28 May 1962 Ghana
BriefBot icon

BriefBot Summary

Free

- This case is an appeal against a judgment that dismissed the claim of the plaintiff for the collection of rents. - The judgment stated that the execution based on the native court's judgment was illegal and void. - The native court's judg

Case Details

Judges:KORSAH JSC, C.J. JSC, ADUMUA-BOSSMAN JSC, CRABBE J.S.C.
Counsel:APPELLANT IN PERSON; DEFENDANT IN PERSON.

ADUMUA-BOSSMAN J.S.C.

This appeal is against a judgment dated the 27th June, 1960, of Ollennu, J., sitting in the High Court, Accra, whereby he dismissed the claim of the plaintiff-appellant (who will hereafter be referred to shortly as the plaintiff) in favour of the defendant-respondent (who will be referred to shortly as the defendant) for the sum of £G572 15s. alleged to be the amount of rents collected by the said defendant in respect of three certain rooms in a house situate at Club Road, Accra, which the plaintiff claimed to have purchased validly at an auction sale in execution of a judgment of the now defunct Ga Native Court “B”. The action raised the issue of the legality or validity of the execution, and the conclusion or decision of the learned judge was that:

“The execution which issued upon exhibit A [the native court’s judgment] is illegal and void ab initio, and everything done under that execution is itself null and void.”

He gave as his grounds for this conclusion the …

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.