WUSU v. DONKOR AND OTHERS

JUDGMENT OF AMPIAH J.

By his writ of summons the plaintiff claims against the defendants jointly and severally a declaration that the sale and purchase in execution of certain properties were "illegal, null and void ab initio and of no legal effect." He claims for the recovery of possession of these properties, an order for accounts in respect of the house from 1966 to the date of judgment, damages for trespass and an order of perpetual injunction restraining the defendants, their agents and assigns from interfering with these properties in any manner whatsoever.

The properties are: House No. DE 19 Mim; a cocoa farm at Ayisesuagye on Mim stool land, having boundaries with the properties of Kwasi Addae, the plaintiff's fallow or scrub land and the Ayisesu River; a cocoa farm at Ayisesu on Mim stool land, having boundaries with the properties of Akosua Nsia, Amma Tawiah and the Ayisesu River and cocoa farm at Onyinasiso also on Mim stool land and bounded by the properties of Kwasi Bio, Ofori and S. K. Owusu.

There does not seem to be any real dispute about the identity of these properties. Since their sale in or about 1966, the respective purchasers or their successors or both have been in actual possession of these properties with the knowledge of the plaintiff.

It is the case of the plaintiff that some time in 1964 or 1965, in the course of his operations as a timber contractor, he felled some timber trees which caused damage to the cocoa farms of the first and fourth defendants. Both took action against him in the High Court, Sunyani, claiming damages. The two suits were entitled, Donkor v. Wusu — suit No. LC.23/63 and Kramo v. Wusu — suit No. LC.29/63. Judgment was given in both cases against him. The plaintiffs in that case, namely the first and fourth defendants herein, took out a writ of fi. fa. to execute the judgment against him. In consequence thereof, his above-named properties were attached and sold. His house No. DE 19 at Mim was sold to one Paul Mensah; the cocoa farm at Ayisesuagya was sold to the second defendant; the cocoa farm at Ayisesu was sold to one Kwadwo Boampong and the cocoa farm at Onyinasiso was sold to one Kwadwo Agyapong. The house No. DE 19, Mim, was subsequently sold to the fifth defendant who, on that ground, was [p.619] joined in this action later. The second defendant has succeeded to Kwadwo Boampong and is therefore now in possession of the farm at Onyinasiso. The plaintiff claims that these properties were all attac