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KWABENA V. ANINKORA AND ANOTHER

(1964) JELR 65623 (SC)

Supreme Court  •  11 May 1964  •  Ghana

Coram
SARKODEE-ADOO C.J,OLLENNU JSC,ACOLATSE J.S.C.

Appearances
C. F. HAYFRON-BENJAMIN SNR. FOR THE APPELLANT; VICTOR OWUSU FOR THE FIRST RESPONDENT.

Judgement

OLLENNU J.S.C.: In or about 1958 the appellant raised a loan from the second respondent, £G60 being the aggregate amount to be repaid. No details or particulars were given as to the principal sum and interest thereon. The appellant gave the second respondent a promissory note on the amount and secured payment of the same with a gold chain valued £G80. The amount became due at the end of May 1959, whereupon the second respondent by her agent, one E. O. K. Oppong, sent a demand note, exhibit 1, to the appellant in the following terms:

“Sir, Please take notice that the time fixed for the payment of the amount of sixty pounds (£G60) is overdue, and you are requested to make payment forthwith. In failure of which I will be compelled to sell the property pledged as contained in your promissory note in hand for recovery without further notice to you.”

In this note also, the second respondent failed to give particulars of the loan and interest.

The appellant defaulted, and on 16 June 1959, the …

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