AKORNOR vs. MAMA AND ANOTHER

In execution of a decree he obtained in the District Magistrate’s Court, Accra, against the defendant Alhaji Mama, the plaintiff Tei Akornor, had House No. 909/26, Accra attached by the deputy sheriff, Accra and sold on the 19th day of October, 1959 at public auction conducted by a licensed auctioneer. One Alhaji Habiba, wife of the judgment-debtor applied to the court on behalf of her husband, then in prison, to set aside the sale on the grounds that there had been certain material irregularities in the said sale. The irregularities she alleged are:- (1) The sale took place before the hour scheduled for it; (2) The deputy sheriff entrusted the sale to an auctioneer other than the one nominated by the execution creditor for the work; (3) The auction bell was rung only on the premises to be sold and nowhere else; and (4) The price at which the property was knocked down was grossly under value. The execution creditor swore to an affidavit supporting the motion to set aside t.....