AFARI v. NYAME

JUDGMENT OF OLLENNU J. Both the appellant and the respondent claim title to the land in dispute through one and the same person, one Kwame Amponsah Darko. The appellant based his claim upon a sale made by private treaty on the 30th December, 1950, while the respondent based his claim upon a sale made to him on the 15th September, 1958, by one Kwadjo Duku who purchased the right title or interest of the same Kwame Amponsah Darko at a sale in execution against the said Kwame Amponsah Darko, made on the 30th July, 1951. A purchaser at a sale in execution acquires nothing more than the right, title and interest of the execution-debtor. In July, 1951, Kwame Amponsah Darko had no right, title or interest in the farms in dispute because he had already disposed of the same to the respondent as far back as December, 1950. Therefore Amponsah Darko obtained no title to the farms in dispute by the sale under the attachment. Consequently, the respondent who bought from the said Amponsah ...