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DANKWA V. POKU

(1964) JELR 67864 (SC)

Supreme Court  •  29 Feb 1964  •  Ghana

Coram
ADUMUA-BOSSMAN JSC,MILLS-ODOI JSC,OLLENNU J.S.C.

Judgement

OLLENNU J.S.C.: This is an appeal from a judgment of the High Court, holden at Sunyani, given in favour of the respondent, hereinafter called the plaintiff, for a declaration of title to, and recovery of possession of two farms, and for damages for trespass to the said farms.

Each of the parties, the plaintiff and the appellant, hereinafter called the defendant, claimed to have purchased two farms at a sale at a public auction conducted under a mortgage; the plaintiff claimed to have made his purchase on 28 September 1953, at a sale at a public auction made under the authority of a deed of mortgage dated 16 May 1952, while the defendant claimed that he made his purchase on 19 May 1953, at a sale at a public auction conducted in exercise of powers of sale contained in a deed of mortgage executed on 30 June 1952. The basis of the judgment of the High Court is that the deed of mortgage under which the plaintiff purchased the properties is prior in time to the deed of mortgage under which …

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