DADZIE AND BOATENG v. KOKOFU

JUDGMENT OF KORSAH C.J.

Korsah, C.J., delivered the judgment of the court. This is an appeal from the judgment of Smith, J. sitting in the Land Court in exercise of its appellate jurisdiction from a judgment in a suit instituted in the Bibiani Native Court "B". The writ reads:

"The plaintiff claims from the defendant judicial relief for the defendant to show cause why the defendant has refused to give to the 1st plaintiff, the successor of late Kwame Adufo, a cocoa farm belonging to the late Kwame Adufo, which cocoa farm situate at Mpokuampa, Bibiani, given to defendant on pledge for the sum of £G7 since sixteen years ago."

The plaintiffs' case briefly stated is that, about three days before his death Kwame Adufo, who was at the time seriously ill and allegedly suffering from tuberculosis, upon the advice of the defendant (to the effect that he, Kwame Adufo, should return to his native home for medical treatment) was induced to raise a loan of £G7 from the defendant, to enable him to travel from Bibiani in Ashanti to his native home in Southern Ghana. He, however, died without being able to leave Bibiani. As security for the said loan Kwame Adufo pledged his cocoa farm to the defendant. Essie Otuwah, the niece of the said Kwame Adufo deceased, was present and witnessed a paper which was made of the transaction by making her mark and thumb-print thereto; she had testified that it was a loan transaction and not a sale of the property as alleged by the defendant.

The defendant's case is that the late Kwame Adufo offered to sell the said cocoa farm to him and one Kwasi Buampong, because they were owners of the land on which the farm was situated; after Adufo had satisfied them that the farm was not family property, they agreed to purchase it, and caused a document, exhibit B, to be prepared, which Kwame Adufo executed upon payment of £G7 to him. They had been in possession of the farm; but Kwasi Buampong, the co-purchaser, later sold his interest in the cocoa farm to the defendant for the sum of £G100. The defendant further said in cross-examination that he was not present when [p.92] the document was executed but that it was shown to him by Kwasi Buampong. He does not know the person who prepared exhibit B.

It is not disputed that there are three traditional chiefs at Bibiani (representatives of Sefwi Anhwiaso, Sankori and Nkawie) who are the three persons in charge of all the land in the area as representatives of the three chiefs who are co-owners of