(1980) JELR 63921 (HC)    
High Court  ·  29 Jul 1980 ·  Ghana
Core Terms Beta
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.…

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