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BONSU V. MANU AND 3 OTHERS

(1961) JELR 69655 (HC)

High Court  •  10 Nov 1961  •  Ghana

Coram
APALOO J

Judgement

APALOO, J.

This is an appeal from the judgment of the Jamasi Local Court delivered on the 21st December, 1959. The plaintiff was the owner of a cocoa farm said to be situated at a place called Pampatia on Tabere stool land. In or about 1946, the plaintiff litigated with the first three defendants and lost to them in the Asantehene’s Court. He was ordered to pay costs to the said defendants. The evidence shows that he did not pay and for that reason the farm in dispute was attached by fi.fa. and advertised to be sold in satisfaction of the said costs. At that time, the farm in dispute was in possession of a man called Adawuah to whom the plaintiff had pledged it.

When the farm was thus attached, the said Adawuah brought interpleader proceedings to which the plaintiff was privy. During the hearing of the interpleader action before the Asantehene’s Court on the 27th August, 1946, the said Adawuah agreed to withdraw his claim provided the then execution- creditors paid to him the sum of £G4…

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