TAWIAH-YESEREH vs. C.F.A.O. AND ANOTHER

JUDGMENT OF BRUCE-LYLE J.S.C. This is an appeal against the judgment of Murphy J. dated 25 June 1959, of the Land Court, Kumasi, whereby the court dismissed the claim of the plaintiff-appellant (hereinafter referred to as the plaintiff) against the defendants-respondents (hereinafter referred to as the defendants) for (a) £G400 damages for wrongful and unlawful attachment of house No. N.T.E.R. 180 situate at Kumasi and (b) an order of the court releasing the said house from attachment. The undisputed facts are that on 29 December 1953, Kwaku Forkuo, the plaintiff’s predecessor, mortgaged his house No. N.T.E.R. 180 in Kumasi to the first defendants as security for employment by them of his nephew by name D. K. Atta “ as a produce buyer, credit customer, storekeeper and or salesman and or in any other capacity.” On the strength of this security, Atta was employed by the first defendants as an ordinary storekeeper under an agreement dated 18 January 1954. Atta, wishing to chang...