QUARTEY vs. NORGAH

The respondent (plaintiff) claimed that under an oral agreement made in 1936, he was to agist, feed, breed, and care for two cows deposited by the appellant (defendant), with remuneration involving payment of five shillings for each of the first two calves and entitlement to every third calf thereafter as compensation. The defendant denied the existence of such an agreement and counterclaimed for loss of cattle allegedly removed unlawfully by the plaintiff. The plaintiff relied on oral evidence and trade custom to support his claim, while the defendant produced letters written by the plaintiff which contradicted the alleged agreement and suggested the agistment was gratuitous and based on friendship. The High Court ruled in favor of the plaintiff, disregarding the letters due to the plaintiff's illiteracy and the onus on the defendant to prove the letters were read and explained to him. The defendant appealed.

JUDGMENT OF OLLENNU J.A. The respondent, hereinafter referred to as the plaintiff, sued the appellant, hereinafter referred to as the defendant and claimed: “Thirteen cows out of 46 cows produced by the original two calves deposited by the defendant with the plaintiff for agistment or alternatively five hundred and twenty pounds (£G520) being the value of the thirteen cows at £G40 per cow. Ten shillings (10s.) being money which the defendant promised to pay in respect of the first two cows produced, and Seventeen pounds ten shillings (£G17 10s.) being balance of medical expenses incurred in respect of the defendant’s cows deposited with the plaintiff.” In his statement of claim supporting the writ he pleaded inter alia: “(1) The plaintiff is a cattle owner possessing a kraal. (2) By an oral agreement between the plaintiff and the defendant in 1936 the plaintiff undertook to agist, feed, breed and take care of two cows deposited by the defendant with the plaintiff. (3...