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ATTA PARBI AND YAO WUSU per Captain AWUDU FRAFRA. v. J. K. MUFFATT.

1923

DIVISIONAL COURT (COLONIAL)

GHANA

CORAM

  • SMYLY, C. J

Areas of Law

  • Civil Procedure
  • Contract Law
  • Evidence Law

AI Generated Summary

Chief Justice Smyly heard an appeal from District Commissioner Bruce Crabbe concerning a claim that the defendant owed £30 borrowed from Atta Parbi. The lower court found that Yao Wusu was the lawful successor to Atta Parbi under Native Custom and that the defendant admitted receiving the £30 but could not prove repayment. On appeal, the appellant argued that the respondent should have sued in a representative capacity under Order XLIII, rule 1 and that the ten-year-old debt was barred by the Statutes of Limitations, pointing to a promissory note. Smyly C.J. observed that the promissory note copy appeared unstamped and stressed precedent (William Quartey v. Akua, Redwar, 138) holding that limitation statutes apply between natives only where there is evidence of an agreement to be governed by English law. Finding other evidence of the debt and no such intention, the court dismissed the appeal with costs.

JUDGMENT