[1961]DLSC880 • February 13, 1961 • Supreme Court •
DADZIE AND BOATENG vs. KOKOFU
The case concerns a dispute over a cocoa farm pledged as security for a loan of £G7 by the late Kwame Adufo to the defendant. Adufo, seriously ill and advised to return to his native home for medical treatment, allegedly raised the loan from the defendant, pledging his cocoa farm as security. Adufo died shortly after without leaving Bibiani. The plaintiffs claimed the transaction was a loan with the farm pledged as security, while the defendant contended it was an outright sale of the farm.
read moreJUDGMENT OF KORSAH C.J. Korsah, C.J., delivered the judgment of the court. This is an appeal from the judgment of Smith, J. sitting in the Land Court in exercise of its appellate jurisdiction from a judgment in a suit instituted in the Bibiani Native Court “B”. The writ reads: “The plaintiff claims from the defendant judicial relief for the defendant to show cause why the defendant has refused to give to the 1st plaintiff, the successor of late Kwame Adufo, a cocoa farm belonging to the late Kwame Adufo, which cocoa farm situate at Mpokuampa, Bibiani, given to defendant on pledge for the sum of £G7 since sixteen years ago.” The plaintiffs’ case briefly stated is that, about three days before his death Kwame Adufo, who was at the time seriously ill and allegedly suffering from tuberculosis, upon the advice of the defendant (to the effect that he, Kwame Adufo, should return to his native home for medical treatment) was induced to raise a loan of £G7 from the def...