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TAWIAH-YESEREH v. C.F.A.O. AND ANOTHER

1966

SUPREME COURT

GHANA

CORAM

  • OLLENNU
  • AKAINYAH
  • BRUCE-LYLE JJ.S.C

Areas of Law

  • Contract Law
  • Property and Real Estate Law
  • Civil Procedure

AI Generated Summary

The case involves a dispute over the attachment and sale of a mortgaged property following changes in the employed capacity of the principal debtor without the surety's consent. The initial mortgage deed included provisions that provided the basis for the principal debtor's employment, and subsequent agreements altered these terms. The trial court ruled in favor of the defendants, and the appeal was dismissed, upholding the findings that the plaintiff's predecessor had knowledge of and consented to the changes. The dissenting opinion argued for the discharge of the plaintiff due to material alteration and fraud by the defendants, asserting that the concealed and altered documents rendered the mortgage deed unenforceable.

JUDGMENT