AKROFI vs. OTENGE AND ANOTHER.

JUDGMENT OF ADADE J.S.C. This case commenced in the High Court, Koforidua where the plaintiff, describing himself as head of family, sued to set aside the sale of a farm by public auction in execution of a judgment obtained against one Lawrence Mark Gyewu alias Yaw Gyewu in his private personal capacity. The said Gyewu is a member of the plaintiff’s family. The plaintiff says that the farm did not belong to Gyewu personally, and therefore could not be sold to satisfy his personal debts. Accordingly, he sought a declaration of the family’s title to the farm; recovery of possession; an order for accounts from the date of the sale till the date of judgment; perpetual injunction; and lastly, an order to set aside the sale. The trial High Court judge found for the plaintiff on declaration of title, recovery of possession and perpetual injunction. But he dismissed the claim for accounts, and refused to set aside the sale. On appeal, the Court of Appeal, by a majority of two to...