WUSU
V.
DONKOR AND OTHERS

(1980) JELR 63921 (HC)

High Court · 29 Jul 1980 · Ghana

CORAM

AMPIAH J.

Core Terms ^Beta

sale

attachment

evidence

defendants

cocoa farm

house no. de

deputy sheriff

execution creditor

immovable property

l.n. 140a

void ab initio

writ of summons

immovable properties

mim stool land

respective purchasers

second defendant

such proceedings

first defendant witness

fourth defendants

high court

plaintiff claims

reasonable time

return of nulla bona

sale of the immovables

set aside

sufficient movable property

available evidence

case of the plaintiff

civil procedure

contention of the defence counsel

contravention of the provisions of order

date of judgment

execution of certain properties

first attaching

high court registrar

injudicious exercise of discretion

judgment debtor

knowledge of the plaintiff

legal issue

movable property of such judgment debtor

order of perpetual injunction

plaintiff’s fallow

properties of akosua nsia

properties of kwasi addae

recovery of possession of these properties

respect of the house

sale of these properties

took action

usual practice

whole sale

AMPIAH J.: By his writ of summons the plaintiff claims against the defendants jointly and severally a declaration that the sale and purchase in execution of certain properties were “illegal, null and void ab initio and of no legal effect.” He claims for the recovery of possession of these properties, an order for accounts in respect of the house from 1966 to the date of judgment, damages for trespass and an order of perpetual injunction restraining the defendants, their agents and assigns from interfering with these properties in any manner whatsoever.

The properties are: House No. DE 19 Mim; a cocoa farm at Ayisesuagye on Mim stool land, having boundaries with the properties of Kwasi Addae, the plaintiff’s fallow or scrub land and the Ayisesu River; a cocoa farm at Ayisesu on Mim stool land, having boundaries with the properties of Akosua Nsia, Amma Tawiah and the Ayisesu River and cocoa farm at Onyinasiso also on Mim stool land and bounded by the properties of Kwasi Bio, Ofori and S.…

WUSU V. DONKOR AND OTHERS

WUSU
V.
DONKOR AND OTHERS