AYIAH v. COLEMAN

JUDGMENT OF WUAKU J.

By his writ of summons filed at the registry of this court on 12 June, 1979, the plaintiff claims from the defendant:

"(a) The total sum of ¢80,174.26 made up as follows:

1. ¢50,000 general damages for breach of a pledge agreement entered into between the parties on or about 29 April, 1977.

2. Recovery of the sum of ¢30,174.26 (including moneys totalling ¢6,000 subsequently taken by the defendant from the plaintiff on same security) being financial assistance the plaintiff rendered to the defendant without interest at the defendant's own request for which the defendant pledged his house number L.88, Kokoso-Sankoa quarters, Agona Swedru, as security.

(b) An account of payment to the plaintiff of all rents, collected from tenants put in the said house by the defendant from 29 April 1977 to the date of judgment."

The facts of the case are not very much involved. Some time ago, the defendant's house No. L.88 situated at Kokoso-Sankoa quarters, Agona Swedru, was sold at a public auction. The defendant who was anxious to retrieve his said house from the purchaser therefore approached one Nana Osei Bonsu to implore the plaintiff on his behalf for financial assistance to pay off the amount involved.

The plaintiff was approached by Nana Osei Bonsu accompanied by the defendant himself. Initially, the plaintiff was unwilling to assist the defendant. However, he was prevailed upon by Nana Osei Bonsu and so he yielded to the demand and advanced an amount of ¢24,174.26 to the defendant charging no interest thereon. Exhibit A [p.325] which is the fulcrum of this controversy was then drawn up to evidence the transaction. Upon further request by the defendant, the plaintiff advanced an additional sum of ¢6,000 to the defendant. No new document was prepared to cover this additional sum of ¢6,000. But it was agreed between the parties that this amount was also to be covered by exhibit A. Thus the defendant's total indebtedness to the plaintiff came to ¢30,174.26. Exhibit A is as follows:

"DEED OF AGREEMENT

THIS AGREEMENT is made the 29 day of April, One Thousand Nine Hundred and Seventy-Seven (1977) BETWEEN the pledgor TIMOTHY AUGUSTUS COLEMAN of Agona Swedru in the Central Region of Ghana of the one part and the pledgee KWAME AYIAH of Agona Swedru in the Central Region of Ghana of the other part.

1. That the pledgor is the owner of all that piece or parcel of land situate at Kokoso-Sankoa quarters, Agona Swedru, aforesaid with building on