JUDGMENT OF ARCHER J.
The plaintiff, as customary successor of his late uncle Kobina Gurah, on behalf of himself and the family of the late Gurah, claims a declaration of title to and recovery of six farms, described in the statement of claim, from the four defendants, which said properties were unlawfully pledged by the first defendant Kobina Aidoo to the third defendant Alagbade and the fourth defendant Anaman, and later were unlawfully sold at the instance of the third defendant by the second defendant Minnow as auctioneer to the fourth defendant.
The plaintiff seeks also an order setting aside the said sale. He also claims £G10,000 damages for trespass and an account of the defendants' occupation of the said cocoa farms and for mesne profits.
The plaintiff’s story is that his late uncle Gurah obtained land at Kwanyaku and Dunkwa and cultivated the land into cocoa farms. On his death, Gurah was succeeded by the first defendant, Kobina Aidoo as customary successor who took over the properties of Gurah. During Kobina Aidoo's administration of the properties, he pledged these farms, without the knowledge and consent or approval of the family, to the fourth defendant and the third defendant. Subsequently, the third defendant Alagbade obtained judgment against Kobina Aidoo in respect of the pledge-debt and seized all the farms (except one) in dispute under a writ of fi. fa. and the farms were sold by the second defendant Minnow, an auctioneer, to the fourth defendant Anaman, by private treaty and not by public auction as required by law. The plaintiff's case is therefore that as the pledges were made without the knowledge and consent of the head of family and the principal elders, the pledges were of no legal effect according to customary law. Moreover as the sale of the farms was not advertised and the sale did not take place by public auction, the sale should be set aside.
In support of his evidence, the plaintiff brought four witnesses, Kwesi Kwakye, the plaintiff’s first witness, his head of family, Kobina Kartah the plaintiff’s third witness, the family linguist and Nana Kwame Ewusi the plaintiff 's fourth witness mankrado of Buduata, to prove that he has been appointed customary successor of the late Kobina Gurah in place of the first defendant Kobina Aidoo who was removed for mismanagement of the family properties. The first defendant has admitted that he has been removed and replaced by the plaintiff. I do not think the defendants are in a better
