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KORSAH C.J.
It will be observed that the only issue joined between the parties was whether the transaction between the predecessors of the parties was a sale or a pledge. This question had already been resolved in favour of Dzanku in a previous suit which was instituted against him in the Asogli Court “B” by Adza Kwadwo. The concluding passages of the judgment, delivered on the 27th April, 1954, read: —
“The court is entirely satisfied with the evidence of the defendant and his witnesses and is prepared to believe that the land in dispute is for the defendant. Plaintiff’s case is therefore dismissed. The disputed land with the exception of the pledged one as demarcated at the locus in quo is awarded to defendant.”
On appeal to the Land Court, Manyo-Plange, J., after discussing the evidence and the grounds of appeal, concluded thus:—
“For the above reasons I confirm the judgment of the court below but (since there was no claim for declaration of title) amend the judgment on the counter-cla…