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WUSU
V.
DONKOR AND OTHERS

(1980) JELR 63921 (HC)

High Court 29 Jul 1980 Ghana
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- The court held that non-compliance with Order 42, r. 46 of L.N. 140A (requiring exhaustion of movables before attaching immovables in execution) renders proceedings voidable, not void; thus, sales are not nullities but mere irregularities

Case Details

Judges:AMPIAH J.
Counsel:OBENG-MANU FOR THE PLAINTIFF; W. Y. OPPONG FOR THE DEFENDANT.

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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