[1966]DLHC1768 • June 30, 1966 • High Court
WALA vs. WAE
JUDGMENT OF HAYFRON-BENJAMIN J. The plaintiff who is a farmer living at Techimantia borrowed a sum of money from the defendant, also a farmer at Techimantia, and secured the payment of the loan with his cocoa farm which is at a place commonly known as Afranso. The farm has boundaries with the farms of Kwasi Adjei, Amma Paw, Kwasi Semidu, Kwame Banie and Kwame Nimrah. Both the plaintiff and the defendant are illiterate persons, but a document was caused to be prepared in English, and executed by both parties. This dispute has arisen in respect of the exact terms of the agreement and whether the document so prepared correctly set out the terms of the agreement. The plaintiff‘s case is that he borrowed £G300 from the defendant and that interest of £G150 was charged. He pledged his cocoa to the defendant to pluck for three years to pay off both principal and interest, after which the cocoa farm was to be released to him, the plaintiff. The defendant caused a document to be prepared...