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(1966) JELR 64838 (HC)

High Court  •  9 Dec 1966  •  Ghana




The plaintiff’s claim is for recovery of possession of one large cocoa farm containing over 500 trees situate at Botukwa near Agona Mankrong which the plaintiff pledged to the defendant as security for a loan of £G50 received by the plaintiff from the defendant. In respect of the said loan the plaintiff gave the defendant a written memorandum or receipt stating that the said loan was to be repaid from the amount of the proceeds of the cocoa received by the defendant for the period of three years. And as the proceeds from the cocoa farm for the main and middle seasons in each year exceeded £G50, it meant that the defendant was to recoup himself with the proceeds of the first year in respect of the said £G50 and receive the proceeds for the remaining two years as interest on the said loan.

According to paragraph (2) of the statement of claim, the transaction took place about ten years previously. The plaintiff further alleges that he left after the transaction for another area …

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