MANUKURE AND ANOTHER v. ANIAPAM AND OTHERS

JUDGMENT OF SOWAH J.A.

This is an appeal from the judgment of Quashie-Sam J., sitting at the Koforidua High Court, whereby he entered judgment upon the claim and dismissed the counterclaim of the defendants.

The facts of this case are that on 9 July 1937, Kwadwo Danso, the father of the defendants, entered into an agreement with Solomon, Oduro, Daniel Ofosu and Kwame Manukure whereby he obtained an interest free loan of £800 and as security, he pledged his cocoa farm. It was a term of the said agreement that the net proceeds from the farm would be utilised to liquidate the debt and upon full payment the farm would be handed over to Kwadwo Danso. To this end the debtor placed his son on the farm for the purpose of accounting for the proceeds.

Of the parties to the transaction, only Kwame Manukure, the first plaintiff, is alive. Kwadwo Danso, the debtor, is dead and is succeeded by his children, the defendants herein. Solomon Oduro is also dead and his successor is the second plaintiff. Nothing appeared in these proceedings about Daniel Ofosu and nothing turns upon his absence.

Almost exactly a year after the agreement, execution was levied on a portion of the pledged property at the instance of the judgment creditor in a suit entitled Kwabena Asante v. Kwadwo Danso and it was sold at a public auction. The purchaser was Kwame Manukure, the first plaintiff, who was issued with a certificate of purchase.

On 28 August 1938 a second lot was sold in pursuance of another judgment debt at the instance of the judgment creditor in the suit between Kwabena Asante v. Kwadwo Danso. The purchaser of the second lot was one Ningo Tetteh. By a document dated 18 March 1940 Ningo Tetteh conveyed his right, title and interest in this property to Solomon Oduro. On 2 November 1938 a third lot was sold at an auction at the instance of yet another judgment creditor and was purchased by Solomon Oduro.

The plaintiffs maintained that the basis of their right to possession of the land no longer laid in the pledge but from the sale of the absolute interest of Kwadwo Danso in the land and if there was any reversion by reason of the pledge, the same was extinguished by the various auction sales and the transfer of Kwadwo Danso’s title to them.

This action was sparked off by the persistent acts of trespass of the defendants who were children of Kwadwo Danso, the original owner and pledgor of the land to the plaintiffs. After nearly four decades the defendants claim that the propert