KOJO BUAKU v. THE AFRICAN UNION COMPANY
1922
DIVISIONAL COURT (COLONIAL)
GHANA
CORAM
- Sir Philip Crampton Smyly
- C.J.
- Logan
- HALL
- J.J
Areas of Law
- Contract Law
- Property and Real Estate Law
- Civil Procedure
- Evidence Law
1922
DIVISIONAL COURT (COLONIAL)
GHANA
CORAM
AI Generated Summary
The appellate court, in an opinion by Hawtayne, J., reviewed an opposition brought by the grantor of a concessionary lease to the African Union company, led by its president, Mr. Chappelle. The grantor contended the lease was granted under material mistake and misrepresentation, asserting they intended to lease only the falls on the river Prah and not land or timber. The record showed a document was prepared, interpreted by Kobbina and Mr. Arkurst, signed, and consideration paid in shares and cash. After the grantor attempted to return the consideration, the parties convened at Mr. French’s house in Chama, where Exhibit "D" was re-read; the chief requested 100 cash and protection for existing farms, which Chappelle accepted, and the altered document was read and signed. Crediting the interpreters and finding the opposer’s testimony unsatisfactory, the court affirmed the trial judge’s findings and dismissed the appeal with costs.
HawTAYNE, J.-In this case the opposer is also the grantor and he opposed on the following grounds:-
(I) That the lessee of the concession the subject matter of the above enquiry was granted to the grantees under material mistakes of fact and is in law void or avoidable.
(2) That the contents of the said lease were not properly read over and explained to the grantors at the time of its execution and the true nature of the contents was misrepresented to him and his people.
It appears from the evidence that Mr. Chappelle, the president of the African Union, a company registered in the United States of America and also in this colony approached the late chief of Sechire Himan as to some land near the falls on the river Prah, and that subsequently he applied to the present grantor, the opposer, as to a lease of a bigger are a including the area he had previously obtained with the object of preventing competition. A document exhibit " " was drawn up and taken to Himan where it was interpreted to the chief and his people both by Kobbina (the chief's clerk) and also by Mr. Arkurst, and the chief the present opposer and his people agreed and signed the document. Share certificate and money in accordance with document " " as originally agreed to were given by Mr. Chappelle to the grantor the present opposer, also a copy of exhibit "D." The opposer and his witnesses state that their intention was to lease to Mr. Chappelle the falls in the river Prah only, and no land and no timber, and that is what was interpreted to them when exhibit "D" was first read to them and they signed, and they first discovered the true contents of " " when they received the copy Chappelle sent them. They then returned the consideration money, namely the shares and in cash. Chappelle refused to receive them and the was paid into Millers at Chama and the shares returned to Chappelle by post.
It appeared from the evidence that Chappelle subsequently saw the chief and some of his people, but as all the councillors were not present at Himan an appointment was made at Chama.
The chief and his councillors or their representatives went to Chama to Mr. French's house and there exhibit " D" was read over again and explained, the chief asking for Ioo cash as consideration money instead of the shares previously offered and stipulating that Chappelle should not interfere with the existing farms. To this, Chappelle consented, and exhibit "D" was altered and signed, it having been first read over and