YEBOA AND ANOTHER v. BOFOUR

This appeal concerns a series of moneylending transactions between the plaintiff and the first defendant culminating in the forced sale of the plaintiff’s house at Berekum. The plaintiff borrowed funds in July 1966 and December 1966/ March 1967, securing the loans with his compound house (plot No. 05/3) and a cocoa farm at Sewhi. The circuit judge found the first defendant was engaged in moneylending, had not renewed his licence, and that the mortgage deeds (exhibits A and 1) misstated the true terms, offending the Moneylenders Ordinance, Cap. 176. Despite the plaintiff’s plea for time, the second defendant sold the house at public auction, where the third defendant purchased it. On appeal, Azu Crabbe J.S.C., with Amissah J.A. and Archer J.A. concurring, held the 1967 mortgage and power of sale void; denied reopening under the Loans Recovery Ordinance; affirmed that the third defendant was protected as a bona fide purchaser under section 23(1); upheld the trial judge’s discretion to allow a post‑judgment amendment; set aside the N¢1,342 damages award; and ordered the first defendant to indemnify the plaintiff for N¢1,742, reflecting the sale proceeds, while dismissing both the appeal and cross‑appeal.