Chief Ebiassah—head Of Anona Family Of Ayanabasa V. Tweiku Ababio—-odikro Of Tweikrome, For Himself & Anor (1946)

LawGlobal Hub Judgment Report – West African Court of Appeal

Claim for recovery of land mortgaged—Tender of mortgage debt to mortgagee—Refusal to accept payment—Native Custom—Gold Coast Courts Ordinance,section 74.

Facts

The respondent, as plaintiff, claimed from the appellant, as defendant, recovery of land mortgaged by the respondent’s ancestors to the appellant’s ancestors sixty years before, the respondent having tendered the mortgage debt to the appellant, who refused to accept the money, denying knowledge of any mortgage.

The appellant contended that he owned the land by right of undisturbed occupation for a very long time.

There was evidence that respondent and his people owned a fetish on the land 3…—,Axew 4,1.441. itkel, pedant:am:3 _amma.1 ceremonial rites to the knowledge and without the permission of the appellant.

Held

That the judgments of the Native Court and the Supreme Court must be affirmed, and that the Native Custom that a mortgagee in possession can be ejected as soon as the mortgage debt has been paid was not repugnant to natural justice and equity although the mortgagee had been in undisturbed possession for possibly sixty years.

Appeal dismissed.