BRAKOWAAH vs. AWUAKYEWAH AND GYASI

JUDGMENT OF VAN LARE J.S.C. The plaintiff (the respondent herein) was a defendant in a suit instituted by the first defendant in the present case before the North Birim Court “A” in the year 1953, against her and another by the name of Kwame Noah for a debt due and owing. Judgment was purported to have been entered by the court against both defendants in that suit and following a fi. fa. the plaintiff’s cocoa farm was attached and sold in execution of the purported decree against her. The said property was bought by the second defendant in the present case. By this action before the said native court instituted in July, 1954, the plaintiff challenges the judgment recovered against her on the ground that she had not been served with any writ of summons concerning the matter and was not present at the hearing and that therefore the judgment entered against her was in the circumstances null and void of effect, and could not warrant the sale of her cocoa farm, the subject-matter i...