ISAAC ANTWI VS OBIRI YEBOAH APPIAHEN

ASIEDU JSC: -

My lords, this is an appeal by the Plaintiff/Respondent/Respondent/Appellant (hereafter referred to as the Plaintiff) against the judgment of the Court of Appeal delivered on the 24th June 2021 which reversed a ruling given by the High Court, Tema on the 10th day of December 2018. The Notice of Appeal was filed on the 8th day of July 2021. FACTS: In order to put this case in perspective, it is very important to trace the history of this case.

The Defendant/Applicant/Appellant/Respondent (hereinafter called the Defendant)alleges that in the year 1996 and 1997, he obtained subleases from AR AND AK PROPERTIES LIMITED in respect of two parcels of land described as plots Number C8/8 and C8/9 situate at a place called Atomic Hills Housing Estate, Accra.

The Defendant says that, after acquiring the land, he went into possession by constructing a fence wall around the land and also by placing thereon a caretaker who farmed on the land.

In 2014, a Certificate of Purchase was posted on the walls of the land at the instance of the Plaintiff who claims to have purchased the land at an auction held by the Courts.

Consequently, the Defendant caused a search to be conducted at the Registry of the High Court by his lawyers.

According to the Defendant, the search revealed that, one Iddrisu Ayaa Tetteh commenced an action at the High Court by Suits Number 1/2001 and AL/14/2006 against Winfred Otuafo Aryeh and Another which went in favour of Iddrisu Ayaa Tetteh.

In executing the judgments delivered in Suits Number 1/2001 and AL/14/2006, Iddrisu Ayaa Tetteh, caused to be attached plots Number C8/8 and C8/9 situate at a place called Atomic Hills Housing Estate, Accra which were subsequently sold at an auction to the Plaintiff herein.

Following the above, the Defendant sued the Plaintiff in Suit number AP/100/2015 bearing the title Obiri Yeboah Appiahene vs. Isaac Antwi and Another for a declaration that the purported auction of plots Number C8/8 and C8/9 situate at a place called Atomic Hills Housing Estate, Accra was illegal and hence the certificate of purchase issued by the Registrar of the High Court to the Plaintiff herein was null and void.

The Defendant also sought an order to set aside the purported auction sale and a declaration of title to the said properties as well as recovery of possession and damages.

The Defendant says that after the trial of the suit in AP/100/2015, judgment went in his favour for the reliefs indorsed on his writ of summ