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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

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

AI Generated Summary

Compagnie Frandaise de lb4Afrique Occidentale (CFAO) attached house N.T.E.R. 180 in Kumasi after a large stock deficit was found at the store of Daniel Kofi Atta. The house had been mortgaged by Attab4s uncle, Kwaku Forkuo, on 29 December 1953 to secure Attab4s employment and fidelity. Atta initially worked as an ordinary storekeeper, later becoming a commission storekeeper under 1955 agreements after a letter he sent was endorsed by Forkuo. In 1956, CFAO discovered a deficiency and, after notice, instructed their agent (the second defendant) to attach the house for sale on 17 April 1958. The plaintiff, Forkuob4s successor and devisee, sued for damages and release. The Land Court (Murphy J.) dismissed the claim. On appeal, Bruce-Lyle J.S.C., with Ollennu J.S.C. concurring, held the appellant could not change his case beyond his pleadings, found Forkuo had consented to Attab4s new status, and affirmed CFAOb4s right to sell under the mortgage. Akainyah J.S.C. dissented, but the appeal was dismissed.

JUDGMENT