BANK OF WEST AFRICA LTD. V. APPENTENG AND ANOTHER

SIRIBOE J.S.C.: The trial of these four consolidated cases which may be aptly described as a marathon trial, in view of the length of time it took and the fact that the oral and documentary evidence ran into some 1,127 pages, was before Hayfron-Benjamin J. whose judgment covering 84 pages and dated the 16 February 1966, has been called in question on this appeal.

In each of these cases, lengthy pleadings with corresponding issues set out in the accompanying summonses for directions were filed, with the result that for the purposes of this appeal, one can do no more than to refer to the salient averments that would lead to an understanding of the submissions advanced for and against the claims made.

Suit No. 12/61 filed on the 18 January 1961 by Kwabena Appenteng, contained the following averments:

That in September 1957, at the request of Mpotima Ltd. ( a company of which as the evidence established the plaintiff Appenteng was a director) the plaintiff deposited the documents of his tit…