MADJOUB v. JOHN HOLT BARTHOLOMEW & CO. LTD. AND OTHERS [1967] 554-562

Practice and procedure—Auction sale—Sale by sheriff—Duty of sheriff and agents.

Auction sale—Material irregularity—Setting aside sale—Auction sale of building and furniture therein at an undervalue—Sale effected under a writ of fi. fa.—Form of writ used for attachment of movable property only —Whether property sold at undervalue sufficient ground for setting aside sale—Whether sale illegal by virtue of the form of writ of fi. fa. used— Whether proof of substantial injury by reason of irregularity in the conduct of sale essential— Supreme[High] Court (Civil Procedure) Rules, 1954 (LN 140A), Order 51, r.18.

