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BOAKYE V. ASAMOAH AND ANOTHER

(1973) JELR 69636 (HC)

High Court  •  7 Nov 1973  •  Ghana

Coram
OSEI-HWERE J.

Appearances
TAKYI FOR THE APPELLANT; OHENE-ANOBAH FOR THE RESPONDENTS.

Judgement

OSEI-HWERE J.

The facts giving rise to this appeal afford interesting reading. The plaintiffs and the defendant jointly raised a loan of ¢3,000.00 for which each party mortgaged his cocoa farm to the creditor. It is alleged from the affidavit supporting the plaintiffs’ application to put the case on the undefended list that the parties shared the loan equally and that they were jointly liable for its repayment. The plaintiffs contend further in the said affidavit that both of them made a total contribution of ¢2,800.00 in repayment of the loan whilst the defendant paid only ¢120.00. They say, therefore, that they had paid “to the use of the defendant ¢800.00 upon total payment of the sum of ¢2,920.00 that was accepted by the mortgagee in full satisfaction of the loan and for redemption of the properties mortgaged to the creditor to secure repayment of the loan.” The plaintiffs, therefore, sued the defendant claiming that they be indemnified in the sum of ¢800.00. In his affidavit for …

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