AMBA ASOH, Chief OF WURAKESSI v. KUTURKA YARDOM AND THE DEPUTY SHERIFF,CAPE COAST

This case concerns a dispute over the validity of a writ of Fi. Fa. and subsequent attachment orders. The plaintiff sought to set aside a writ of Fi. Fa. issued by the first defendant and executed by the Deputy Sheriff. The case arose from a previous judgment where the first defendant had won against the plaintiff in the Provincial Commissioner's Court, which was upheld by the Court of Appeal. A writ of Fi. Fa. was issued and sent to the Deputy Sheriff for execution. However, the Deputy Sheriff's clerk made an error in the initial Order of Attachment, stating it was issued by the Judge of the Divisional Court instead of the Provincial Commissioner. Upon discovering this error, the Deputy Sheriff issued a new, corrected order of attachment. The plaintiff then filed this case, arguing that the second attachment was void due to the irregularity of the first, and that only the Court had the power to make such corrections. Judge Yates disagreed with these arguments, ruling that the issuance of an attachment order is a purely ministerial act, and the Deputy Sheriff has the authority to correct clerical errors without court intervention. The judge emphasized that it was the Sheriff's duty to carry out the instructions in the writ of Fi. Fa., and if a clerical error is discovered, the Sheriff is entitled to cancel or recall it and issue a correct one. Consequently, the action was dismissed with costs, and the Sheriff was instructed to proceed with the execution.