KWABENA vs. ANINKORA AND ANOTHER [1964]DLSC1920

Date	1964-05-11
Suit No.
Citation No.	[1964]DLSC1920

SARKODEE-ADOO C.J

OLLENNU JSC

ACOLATSE J.S.C.

C. F. HAYFRON-BENJAMIN SNR. FOR THE APPELLANT.

VICTOR OWUSU FOR THE FIRST RESPONDENT.

[1964]DLSC1920
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													<main id="main" class="content" style="min-height: 60rem" >KWABENA<o:p></o:p>&nbsp;vs. <o:p></o:p>ANINKORA AND ANOTHER <o:p></o:p>[SUPREME COURT]<o:p></o:p>[1964] GLR 299<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

DATE:
11 MAY 1964.<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

C. F. HAYFRON-BENJAMIN, SNR., FOR THE APPELLANT.<o:p></o:p>

VICTOR OWUSU FOR THE FIRST RESPONDENT.<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

SARKODEE-ADOO C.J., OLLENNU AND
ACOLATSE JJ.S.C.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF OLLENNU J.S.C.<o:p></o:p>Ollennu
J.S.C. delivered the judgment of the court. In or about 1958 the appellant
raised a loan from the second respondent, £G60 being the aggregate amount to be
repaid. No details or particulars were given as to the principal sum and interest
thereon. The appellant gave the second respondent a promissory note on the
amount and secured payment of the same with a gold chain valued £G80. The
amount became due at the end of May 1959, whereupon the second respondent by
her agent, one E. O. K. Oppong, sent a demand note, exhibit 1, to the appellant
in the following terms:<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">“Sir,
Please take notice that the time fixed for the payment of the amount of sixty
pounds (£G60) is overdue, and you are requested to make payment forthwith. In
failure of which I will be compelled to sell the property pledged as contained
in your promissory note in hand for recovery without further notice to you.”<o:p></o:p>In this
note also, the second respondent failed to give particulars of the loan and
interest.<o:p></o:p>The
appellant defaulted, and on 16 June 1959, the second respondent, again by her
said agent, wrote to the appellant exhibit 2 as follows:<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">“Sir,
Upon my letter of demand of 30 May 1959, I have to inform you that your
property pledged to me have been sold for the sum of twenty-five (£G25). You
are requested to make payment of the balance of thirty-five pounds (£G35)
forthwith in failure of which I will be compelled to institute legal action
against you in the court for recovery of same.”<o:p></o:p><o:p>&nbsp;</o:p><o:p>&nbsp;</o:p>The
letter too gave no particulars of the principal loan and of the interest
thereon.<o:p></o:p>On 5
April 1960, the second respondent by her said agent instituted action against
the appellant in the Municipal Court, Kumasi, for recovery, not of the sum of
£G35 due as stated by her in exhibit 2, but for an amount of £G68 14s. Although
the writ of summons was served on the appellant, he failed to appear on the
return date and judgment was entered against him on 28 April 1960, for the
amount of £G68 14s.<o:p></o:p><o:p>&nbsp;</o:p>A formal
decree was served on the appellant on 20 May 1960, but a copy of the order or
decision of the court was not served upon him. However, on 28 June 1960, the
second respondent applied to, and on 30 June 1960, the municipal court issued a
writ of fi. fa. for the attachment and sale of plot No. A.N. 57, the property
now in dispute, with the building thereon, for the recovery of the sum of £G71,
and the property was accordingly attached, to be sold on 28 July 1960; but the
sale did not take place until 18 December 1960, the same having, in the
interim, been postponed twice at the instance of the appellant, and once upon
the auctioneer’s own initiative. The property was knocked down to the first
respondent for £G2,500; the certificate of purchase, exhibit B, was afterwards
issued to him in respect of the purchase. The first respondent also paid to the
Kumasi Municipal Council the sum of £G91 4s. on account of ground rents due; he
then served notice upon the appellant to vacate the premises and also called
upon the tenants of the house to attorn tenants to him.<o:p></o:p><o:p>&nbsp;</o:p>Prior to
their attachment, the premises had been mortgaged to a co-operative society to
secure a loan of £G2,500. The appellant refused to quit the premi</main>