AWUME vs. DONYA

The plaintiff-appellant borrowed £G60 from the defendant-respondent under a document dated 3 June 1954 and pledged a portion of land known as Anokpete land as security. The document provided that if the loan was not repaid by 31 December 1954, the respondent could take possession of the land without a court order and vest title in himself. The appellant later tendered payment to redeem the land, but the respondent refused to accept it and took possession. In separate proceedings brought by Dorothea Yawa Awume against both parties, the local court found that the land belonged to the appellant and held that ownership had been legally transferred to the respondent. In the present action, the appellant sought to redeem the land, while the respondent argued that the matter was res judicata. Portion of judgment: “by a document dated the 3rd June, 1954, the appellant obtained a loan of £G60 from the respondent... and by way of security therefor, the appellant pledged to the respondent a portion of land known as the Anokpete land... if the appellant failed to repay... the respondent was at liberty to take possession of the said land without a court order, and to vest title thereof in himself.” Also: “he stated that he tendered some payment to the respondent for the redemption of the land but he refused to accept it, and he consequently took possession of the land.”