MENSAH AND OTHERS vs. NSOWAH

JUDGMENT OF OLLENNU J.S.C. Ollennu J.S.C. delivered the judgment of the court. This is an appeal from an order for certiorari, made by the High Court, Kumasi, quashing a writ of fi. fa. issued by the Local Court, Teppa, and declaring null and void, a sale of property consequent thereon. The fi. fa. in question was issued on 6 June 1961 in execution of an order of the Asantehene’s A2 Court made on 3 May 1960 in favour of the appellants herein; and the sale in question took place on 6 July 1961. The proceedings which led to the execution commenced in the Teppa Local Court with a writ of summons issued at the instance of the respondent. The said local court gave judgment in favour of the respondent on 29 January 1960; that judgment of the Teppa Local Court was set aside on 3 May 1960 as above stated by the Asantehene’s Court A2 on appeal thereto taken by the appellants herein. The respondent then appealed from that decision of the Asantehene’s Court A2 to the High Court, Kumasi,...