MANUKURE AND ANOTHER vs. ANIAPAM AND OTHERS

JUDGMENT OF SOWAH J.A. This is an appeal from the judgment of Quashie-Sam J., sitting at the Koforidua High Court, whereby he entered judgment upon the claim and dismissed the counterclaim of the defendants. The facts of this case are that on 9 July 1937, Kwadwo Danso, the father of the defendants, entered into an agreement with Solomon, Oduro, Daniel Ofosu and Kwame Manukure whereby he obtained an interest free loan of £800 and as security, he pledged his cocoa farm. It was a term of the said agreement that the net proceeds from the farm would be utilised to liquidate the debt and upon full payment the farm would be handed over to Kwadwo Danso. To this end the debtor placed his son on the farm for the purpose of accounting for the proceeds. Of the parties to the transaction, only Kwame Manukure, the first plaintiff, is alive. Kwadwo Danso, the debtor, is dead and is succeeded by his children, the defendants herein. Solomon Oduro is also dead and his successor is the sec....