DAPAA AND ANOTHER vs. WAYE

JUDGMENT OF AZU CRABBE J.S.C. The action in this case arose out of a money-lending transaction between the parties. The case for the plaintiff was that he lent the defendants £G2,300, with a further £G700 without interest, making a total of £G3,000 with £G12 incidental expenses. The defendants challenged these facts and alleged that they borrowed at first £G1,000 and later £G700, and that the plaintiff charged 100 per cent interest in each case, making a total of £G3,600 plus incidental expenses of £G12 less £G600 which they had refunded. The plaintiff’s case was based on a document which was tendered in evidence and marked exhibit A. The learned trial judge found as a fact that the plaintiff’s evidence did not disclose the true nature of the transaction between the parties. He accepted the defendant’s evidence and was satisfied that the defendant’s version of the transaction was the true one. One of the issues agreed upon the trial was whether the mortgage deed which...