[1965]DLHC1804 • November 11, 1965 • High Court
FOSU vs. KRAMO
The plaintiff purchased a cocoa farm at a public auction held under a power of sale contained in a mortgage deed executed by members of the defendant's family. The defendant claimed the farm as family property inherited from his deceased elder brother, asserting that the mortgage and sale were invalid as the property was family-owned and could not be disposed of without family consent. The defendant denied the existence of the mortgage loan from Kwasi Kwakye and alleged irregularities and fraud in the auction sale. The plaintiff claimed title and possession, alleging trespass by the defendant after the sale.
read moreJUDGMENT OF HAYFRON-BENJAMIN J. The plaintiff by his writ of summons dated 29 July 1964 claims as against the defendant a declaration of title to one cocoa farm lying and being at a place commonly called Adwoano on Dwumo stool land and bounded on all sides by the properties of Kwame Dapaah, Akua Krah, Kofi Peprah and the Adwoa stream. He also claims an order for perpetual injunction and damages for trespass. There is no dispute as to the identity of the farm. The plaintiff’s case as appearing on his pleadings is shortly, that on 8 July 1964, he purchased the farm the subject-matter in dispute, at a public auction conducted at Dwumo. This sale was effected under a power of sale contained in a mortgage deed executed between two brothers and a sister of the defendant as mortgagors and one Kwasi Kwakye, a licensed moneylender as mortgagee. The mother of the defendant signed the deed as a witness. After the purchase, the plaintiff says he entered into possession of the said farm, but .....