BARIMA OKYERE DARKO, OYOKOHENE OF KofORIDUA v. ANGLO GUINEA PRODUCE CO., LTD
February 27, 1931
DIVISIONAL COURT (COLONIAL)
GHANA
CORAM
- Sir George Campbell Deane, Chief Justice
Areas of Law
- Contract Law
- Property and Real Estate Law
- Commercial Law
February 27, 1931
DIVISIONAL COURT (COLONIAL)
GHANA
CORAM
AI Generated Summary
In a judgment by Sir George Campbell Deane, Chief Justice, the dispute concerned Barima Okyere Darko, the Oyokohene of New Juabeng, who mortgaged land at Koforidua to Anglo Guinea Produce Co. Ltd. in 1926. After default, the company issued notice of sale in October 1930. Darko proposed a conditional settlement on 28–29 November 1930: pay £65 when the Cocoa Federation allowed sales and endorse Mr. Noshie’s promissory note (£146 9s), leading the company to postpone an auction. As cocoa sales remained barred, the company demanded immediate cash, rejected a substituted mortgage after legal advice from Mr. Frans Dove, and instructed debt collector J. A. Pat Williams. Darko raised funds via sale of another house and later sent Noshie’s endorsed note, demanding reconveyance. The company repudiated the arrangement on 6 January 1931 and returned the note. Deane held the agreement was an unenforceable accord without satisfaction, found no waiver of the power of sale, and entered judgment for Anglo Guinea Produce Co. Ltd. with costs.
Deane, Chief Justice.
In this case the plaintiff claims from defendants (a) specific performance of an agreement contained in letters which passed between plaintiff and defendant in the months of November and December, 1930, whereby the defendants agreed to stay the sale of property mortgaged to defendants by plaintiff under a deed dated 29th November, 1926, (b) an injunction restraining defendants, their servants and agents from selling or further advertising for sale the mortgaged property.
The relevant facts may be shortly stated.
By deed dated 29th November, 1926, the plaintiff mortgaged to defendants a certain parcel of land at Koforidua to secure cash advances by them. On 21st October, 1930, default having been made, the defendants gave a calendar month's notice to the plaintiff as required by the mortgage of their intention to exercise their power of sale under the mortgage in respect of a sum of £2326" " s. 10" " d.
Conversations then took place between the parties and on 28th November following on an interview with the Agent of the defendant Company the plaintiff wrote the following letter to the defendants :-
"The Agent
Messrs. Anglo Guinea Produce Co. Ltd.
Koforidua-
Sir,
I confirm conversation at our meeting to-day and in view of Mr. Noshi refusing to pay further amounts against his Promissory Note to me unless he sees the mortgage deed between your Company and myself released.
I agree that immediately the cocoa Federation allows us to sell cocoa, I will supply with either the cocoa or the value of such cocoa to the amount of £65.
In consideration of my doing this I would ask you to accept Mr. Noshie's promissory note duly endorsed to your Company for the balance due to me of one hundred and forty-six pounds, nine shillings ( £146 9s.) to be paid by Mr. Noshie at the end of November, 1930.
You will thus see that you would eventually receive the sum of two hundred and eight pounds seventeen shillings and fourpence ( £208 17s. 4d.) which amount is for the credit of Mr. Kwabina Hum's cash account, the balance due for the empty bags I will after seeing Mr. Kwabina Hum return to you or pay for the value."
In explanation of the first paragraph of this letter it may be mentioned that the plaintiff had sold to one Mr. Noshie a parcel of land with regard to which there was some controversy as to whether or no it was comprised within the parcel mortgaged to defendants by plaintiff, part payment for which had been made by promissory note due