ATTA KWAKU V. KRAH AND ANOTHER

SOWAH J.

This is an appeal from the Amansie Local Magistrate’s Court dismissing the claim of the plaintiff for recovery of his farms on the ground that, “after carefully considering the evidence before it, the court is of the opinion that the plaintiff’s action has no legal foundation, since he [the mortgagor] was the cause of the breach of the terms in the mortgage.”

The history of this case is a short matter. The plaintiff’s predecessor in title and uncle pledged or mortgaged his cocoa farm to the first defendant. In this context the question whether the transaction is one of pledge under customary law or a mortgage within the meaning of English law is extremely important. The first defendant was to go into possession for seven years and to work the farm order to repay himself from the proceeds; thereafter he was to return the farm to the plaintiff. If during the period of seven years the plaintiff or his predecessor paid the sum of £G300 which was the loan, the farm would be returned…