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ASANTE
V.
COMPAGNIE FRANCAISE DE L’AFRIQUE OCCIDENTALE

(1961) JELR 65829 (SC)

Supreme Court 28 Feb 1961 Ghana
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- The appellant claimed to have purchased the Coronation Bar and its contents from three individuals. - The learned judge at the trial accepted the appellant's claim and ruled that he was an innocent purchaser for value. - The respondents a

Case Details

Judges:LORD REID JSC, LORD TUCKER JSC, LORD MORRIS OF BORTH-Y-GEST JSC
Counsel:MISS BISSCHOP FOR THE APPELLANT,DINGLE FOOT, Q.C; R. K. HANDOO, B. KUMARACKULASINGHE FOR THE RESPONDENT.

LORD MORRIS

The evidence adduced at the trial by the appellant was to the effect that the Coronation Bar and its contents had belonged to three people, viz., Abire, Manu, and Awuah: that he became a partner with them on the terms of an agreement (agreement A) of the 5th April, 1954; that he later bought them out (thereby becoming sole owner) on the terms of an agreement (agreement B) of the 1st June 1954; and that he had paid all the purchase price as was acknowledged by a receipt dated the 5th November, 1954: Evidence was given at the trial by the appellant himself and on his behalf by Abire, by Ama Adade (the mother of Awuah), by Harrison Tuburu, a police corporal and by Awuah. On behalf of the respondents evidence was given by Robert Christian Yeboah, their chief clerk.

The learned judge gave judgment on the 25th October, 1955. He held that the appellant had bought the business and was an innocent purchaser for value. In the course of his judgment he said:

“I have carefully considered…

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