BONSU v. MANU AND 3 OTHERS

JUDGMENT OF APALOO, J.

This is an appeal from the judgment of the Jamasi Local Court delivered on the 21st December, 1959. The plaintiff was the owner of a cocoa farm said to be situated at a place called Pampatia on Tabere stool land. In or about 1946, the plaintiff litigated with the first three defendants and lost to them in the Asantehene's Court. He was ordered to pay costs to the said defendants. The evidence shows that he did not pay and for that reason the farm in dispute was attached by fi.fa. and advertised to be sold in satisfaction of the said costs. At that time, the farm in dispute was in possession of a man called Adawuah to whom the plaintiff had pledged it.

When the farm was thus attached, the said Adawuah brought interpleader proceedings to which the plaintiff was privy. During the hearing of the interpleader action before the Asantehene's Court on the 27th August, 1946, the said Adawuah agreed to withdraw his claim provided the then execution- creditors paid to him the sum of £G43 which was then due to him from the plaintiff. The execution-creditors agreed but requested the court to order that the farm should be sold at a price that would meet the payment of their costs as well as the sum of £G43 due to the claimant. The court acceded to this request and so ordered.

The evidence shows that a licensed auctioneer by name S. C. Etiemo sold the farm in dispute by public action on the 31st August, 1946. The fourth defendant was the highest bidder and the farm was knocked down to him for £G85. The said auctioneer filed an account sale in court. Accordingly, on the 20th June, 1947 the Asantehene's Court issued in favour of the fourth defendant a certificate of purchase. The fourth defendant testified that since the sale aforesaid he has been in undisturbed possession and has increased the acreage of his farm which now yields five times as much cocoa as it yielded in 1946. This evidence was not disputed.

The plaintiff now claims an order to recover possession of the farm on the ground, to quote his own words, that "the sale of my cocoa farm contains many irregularities and frauds". He then proceeded to list these irregularities. The trial court felt satisfied of this and said in the last paragraph of its judgment: "The court unanimously holds that the procedure adopted by the defendants in the sale of his cocoa farm was by frauds and the provisions in sales and conditions of sale were not complied with". At the trial court the fourth defenda