NSUTA vs. MENSAH & ORS

Van Lare J.S.C. delivered the judgment of the court. All the parties except the second defendant in this case appear to be related and may be said to belong to one and the same family. It would appear that the fourth defendant, Kwaku Barwuah, became involved in a series of debts and was the owner of certain properties. There is no doubt that the farm in dispute in this case also originally belonged to the said Kwaku Barwuah. The facts upon which the plaintiff based his action may be recorded thus: the plaintiff bought the farm in dispute at an auction sale following a writ of fi. fa. in pursuance of a judgment of the Kumasi East District Native Court recovered by one Yaw Owusu per J.A. Ntsiaku against Kwaku Barwuah, the owner of the farm in dispute. The sale took place on the 17th February, 1958, when the plaintiff bought the farm for the sum of £G301 10s. He subsequently obtained a certificate of purchase issued by the said Kumasi East District Native Court, dated the 11th March, ....