[1973]DLHC2340 • November 12, 1973 • High Court
YEBOAH vs. KRAH AND OTHERS
The plaintiff, as surety for the principal debtor, was subject to a judgment debt of ¢60.00 plus ¢5.20 costs. The first defendant obtained a judgment against the deceased plaintiff and the principal debtor and applied for a writ of fieri facias (fi. fa.) to attach and sell the plaintiff's house valued at ¢900.00 to satisfy the judgment debt. The house was sold by the second defendant to the third defendant. The plaintiff contended that the sale was unlawful because the first defendant should have first levied on the plaintiff's movable property before attaching and selling the immovable property (the house).
read moreBy the order of the court the first issue set down for trial was taken as a preliminary point of law for hearing. That issue is as follows: “Whether or not the first defendant could lawfully sell the original plaintiff’s house worth more than ¢900.00 in execution of a judgment debt of ¢60.00 and ¢5.20 costs without first taking out a summons to show cause, or first selling the movables of the original plaintiff in satisfaction of the said judgment debt and costs.” There is no dispute that the first defendant had obtained a judgment in the sum of ¢60.00 and ¢5.20 costs against the deceased plaintiff, who stood as surety, and the principal debtor. There is also no controversy, as disclosed by the application for a writ of fi. fa. exhibited, that the first defendant (as the plaintiff-judgment-creditor) applied to the registrar of the District Court Grade II, Sunyani that the compound house No. Z. 116 situate at Sunyani Zongo, and belonging to the deceased plaintiff, be atta...