JUDGMENT AND ORDER - Enforcement of Judgment - Whether a party would be allowed to enforce indirectly a security he could not enforce directly

JUDGMENT AND ORDER – Enforcement of Judgment – Whether a party would be allowed to enforce indirectly a security he could not enforce directly

“The appellant cannot be allowed to enforce indirectly a security which he could not enforce directly. The legal title to the property is still vested in the appellant, but what will be sold is the Judgment debtor’s right title and interest in the property, consisting of the equity of redemption, and the purchaser will no doubt take advice on whether it is open to him to claim such relief as was granted in Baba-Egbe v. Kasumu (1954) 14 W.A.C.A. 444. That question does not arise in the present proceedings and we express no opinion about it.”

Per LIONEL BRETT, JSC in ALI V. ALLEN (1966) LCER-396(SC) (Pp 3 – 4, Paras E – B) #

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JUDGMENT AND ORDER – Enforcement of Judgment – Whether a party would be allowed to enforce indirectly a security he could not enforce directly

Per LIONEL BRETT, JSC in ALI V. ALLEN (1966) LCER-396(SC) (Pp 3 – 4, Paras E – B) #

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