Government of Ashanti V. Adjuah Korkor & Ors (1938)

LawGlobal Hub Judgment Report – West African Court of Appeal

Motion by Applicants, not parties to Judgment, to set aside a sale on grounds of fraud, irregularity, etc.

Facts

The plaintiffs obtained judgment against the defendant for moneys, and arrears of ground rent and a writ of Fi Fa issued and sale took place. The first respondent was declared the purchaser at public auction, and the applicants moved the Court of the District Magistrate that the sale be set aside on grounds of fraud, irregularity, etc. The Magistrate found in their favour and the respondents appealed to the Supreme Court. The latter Court, holding first that the applicants had locus standi under Rule 31 Order 44 of the Supreme Court Rules, decided in favour of the respondents on all points and from this decision the applicants appealed to the Appeal Court.

Held

The Supreme Court decision was right on all points; appeal dismissed.

The appeal is dismissed with costs assessed at £21 6s. 6d. in favour of the auctioneer-respondent and £26 11s. (id. in favour of the purchaser-responde►t.