ASARE V. ANTWI

DJABANOR J.

By his writ of summons filed in the local court at Offinso, the plaintiff claimed from the defendant:

“a tangible reason why he is not liable to account to plaintiff for two years’ proceeds of four cocoa farms which defendant was appointed by the plaintiff as his attorney to act on behalf of the plaintiff to pay a debt of £G70 which was incurred by plaintiff’s brother Yaw Frimpong”.

This clearly is a claim for accounts, and by the rules, the local court has no jurisdiction to try it. But it is the contention of counsel for the defendant-appellant that in view of the defence pleaded, the action assumed the character of a dispute as to title to the four farms, and that that issue could properly be tried by the local court under section 98 (1) (a) of the Courts Act, 1960.

The facts of the case are that the plaintiff about two or three years ago mortgaged his four farms to the Cocoa Purchasing Company to secure a loan to him of £G500. He defaulted and the farms were sold. Accordin…