ENNIN v. PRAH [1967] GLR 202-211

Auction sale—Notice of sale of land—Service of notice—Indefinite postponement of auction sale after service of notice of sale on judgment debtor—Stay of execution ordered by court until end of specified period—Judgment debtor failing to satisfy judgment debt after expiration of specified period—Subsequent auction sale of property of judgment debtor—Whether service of another notice of sale requisite before sale.

Practice and procedure—Summons to show cause—Stay of execution—Judgment debt still unsatisfied after expiration of specified period ordered by court —Auctioneer instructed by court registrar to proceed with sale of property already attached—Previous filing by judgment debtor of praecipe for the issue of summons to show cause against judgment creditor in respect of another claim still pending—Whether the praecipe operative as a stay of execution.

