[1960]DLHC33 • April 25, 1960 • High Court
AKYEAMAH vs. POKU AND OTHERS
The plaintiff sought to annul the sale of two farms alleged to belong to her, claiming the sale was fraudulent and irregular. The farms were sold at a public auction under a court order executing a decree obtained by the second defendant against the first defendant. The plaintiff claimed title and possession of the farms and damages for trespass, asserting that the first defendant had no attachable interest in the farms and thus the sale was invalid.
read moreJUDGMENT OF OLLENNU J. In this case the plaintiff claims three reliefs: (1) An order declaring null and void the sale of the plaintiff’s two farms, on grounds of fraud and material irregularity in the said sale; (2) Declaration of title to and recovery of possession of the said two farms, and (3) £G100 damages for trespass. The first prayer, it was submitted, was made in exercise of a right under Order 51, rule 18, of the Rules of the Supreme Court; and the sale required to be annulled is a sale made at a public auction upon an order of court made in execution of a decree which the second defendant had obtained against the first defendant. The said rule 18 of Order 51 is as follows: “At any time within twenty-one days from the date of the sale of any immovable property, application may be made to the Court to set aside the sale on the ground of any material irregularity in the conduct of the sale, but no sale shall be set aside on the ground of such irregula...