GAGAKUMA V. CONTROLLING OFFICER ENEMY PROPERTY
(1922) JELR 83246 (DC)
Divisional Court
•
14 Mar 1922
•
Ghana
Coram
SIR PHILIP CRAMPTON SMYLY, C. J. BEATTY AND HALL, J.J.
Appearances
A. Sawyerr, for the appellant (plaintiff).
A. B. Quartey-Papafio, for the respondent (defendant).
Judgement
<p style="text-align: center;"><strong><u>JUDGEMENT</u></strong></p><p style="text-align: justify;"><strong>SMYLY, C.J.</strong></p><p style="text-align: justify;">In this action the plaintiff, who was an employee of the late Basel Mission was alleged to be indebted to the Basel Mission. The Controlling Officer of Enemy Property, having called on plaintiff to pay, sold plaintiff's property under a mortgage given by the plaintiff to the Basel Mission.</p><p style="text-align: justify;">The plaintiff then brought this action for an account to be taken. By order of Court of the 27th May, 1919, volume 55, it was ordered that the account should only be taken of transactions subsequent to such accounts as had been signed by the plaintiff as correct. The referee has now reported, and on his report Mr. Sawyerr has raised certain objections to the conclusion the referee arrived at.</p><p style="text-align: justify;">In regard to these objections I propose only to refer to claims 1, 2, 3, 4, 5, 9-the others have not been argued.</p><p style="text-align: justify;">Claim 1. 767.27/60 loads at 6/- and 7/-, Β£263 9s. 8d.---I only refer to this claim which has been decided in plaintiff's favour by the referee as the objection to the findings of thβ¦</p>