Adit Kofi V. G. A. Adjei (1942)

LawGlobal Hub Judgment Report – West African Court of Appeal

Sale by auction—Writs of Fi. Fa. issued by Native Courts—No attachment of property or rules relating thereto—Priority of purchasers.

Facts

On the 10th June, 1939, Kwabena and Dawuru each bought a piece of land at a sale by public auction under a writ issue_d by a Native Tribunal. They received Certificates of Purchase.

On the 11th June, 1939, the same property was bought by defendant at a sale by public auction under a writ issued by another Native Tribunal. He also received a Certificate of Purchase.

The writ in relation to the latter sale was issued by the Tribunal on the 6th June, whereas the writ in respect of the first sale was issued on the 14th June.

The Supreme Court Rules specifically lay down that alienation after seizure by attachment is void. There are no such rules as regards writs of Fi Fa issued by a Native Tribunal.

The Provincial Commissioner’s Court upon the facts, held that the property in question had not been attached by either Tribunal.

Held

Persons who bought the property first in point of time, i.e. Kwabine and Dawuru, obtained a good title to the land in dispute and that the subsequent sale to the defendant had no effect and gave him no title.

Appeal dismissed.