[1985]DLCA685May 11, 1985Court of Appeal

TANKO vs. KARAMI

JUDGEMENT OF OSEI-HWERE J.A. Following the judgment one Madam Ali Baba had obtained against the defendant herein he caused the defendant’s house at Aboabo, Kumasi, to be attached under a writ of fi:fa for the recovery of the judgment debt. The house was allegedly sold at a public auction to the plaintiff as the highest bidder. It was the case for the plaintiff that after he had been issued with the certificate of purchase some “connections” of the defendant solicited on his behalf to allow the defendant to stay in the house as the plaintiff’s tenant. The agreed rent was ¢25 a month. The defendant stayed in the house and paid the rent of ¢25 until the end of July 1973 after which he refused to pay rent any longer. Wherefore the plaintiff sued not only because the defendant denied owing any arrears of rent but also because he claimed title to the house. The plaintiff’s writ was indorsed for rent arrears of ¢330, ejectment and possession and mesne profits. The defe...