PAINSTIL AND ANOTHER vs. ABA

JUDGMENT OF SARKODEE-ADOO J.S.C. Sarkodee-Adoo J.S.C. delivered the judgment of the court. The issue for determination in this appeal is whether the transaction between the predecessors of the parties was an absolute sale or a pledge in respect of a cocoa farm situate and being at Ayirewoma in the neighbourhood of Agona Nkum. There can be no doubt as to the identity of the cocoa farm in dispute as claimed and particularly described and bounded in the plaintiff’s writ of summons and their statement of claim as borne out by exhibits A and 2 which refer to the same cocoa farm, save and except that it appears some undue and needless confusion arose at the trial by the introduction and admission in evidence of exhibits B and 5 which refer to a distinct and separate piece of land. This appeal has come before us from a judgment of Sowah J., dated 22 January 1963, whereby he dismissed the plaintiffs’ claim against the defendant for: “(1) A declaration that the transaction between la...