DADZIE AND BOATENG V. KOKOFU

KORSAH C.J.

This is an appeal from the judgment of Smith, J. sitting in the Land Court in exercise of its appellate jurisdiction from a judgment in a suit instituted in the Bibiani Native Court “B”. The writ reads:

“The plaintiff claims from the defendant judicial relief for the defendant to show cause why the defendant has refused to give to the 1st plaintiff, the successor of late Kwame Adufo, a cocoa farm belonging to the late Kwame Adufo, which cocoa farm situate at Mpokuampa, Bibiani, given to defendant on pledge for the sum of £G7 since sixteen years ago.”

The plaintiffs’ case briefly stated is that, about three days before his death Kwame Adufo, who was at the time seriously ill and allegedly suffering from tuberculosis, upon the advice of the defendant (to the effect that he, Kwame Adufo, should return to his native home for medical treatment) was induced to raise a loan of £G7 from the defendant, to enable him to travel from Bibiani in Ashanti to his native home in Southern Gha…