KWARTENG V. DONKOR

APALOO, J.

[His lordship referred to the facts and the agreement set out in the headnote and continued:] The plaintiff said that the defendant did not succeed in bringing the stool to his house and accordingly seeks by this action to recover the sum of £520, which the defendant on his own admission owed him. The defendant’s reply is that he had helped not only in getting Kwaku Dua destooled but also in electing Kwame Sei, the plaintiff’s nephew and a member of the Kronkomase ruling house as the Agogohene. Accordingly, the defendant contends that he has performed his part of the agreement and that the action did not lie.

Although the agreement (exhibit A) did not oblige the defendant to perform any act in relation to the destoolment of Kwaku Dua, I am satisfied that on the strength of it, the defendant helped in framing destoolment charges against Kwaku Dua and in fact testified against him before the Owusu Afriyie Committee of Enquiry which determined the charges against him.

In the resu…