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CHAHIN AND ANOR
V.
BOATENG

(1963) JELR 115467 (SC)

Supreme Court 28 Jun 1963 Ghana
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Case Details

Judges:KORSAH, CJ ADUMUA-BOSSMAN, JSC, CRABBE JSC
Counsel:Dr. de Graft-Johnson for the Appellant. A. W. Acquaah for the Respondent.
Other Citations:[1963] 2 GLR 174

JUDGMENT

KORSAH CJ

The plaintiff’s claim is for an account of what, if anything, is due under and by virtue of the mortgage No. 62/1954 dated the 15th December, 1953, between the plaintiff and the defendant, and to redeem the property comprised therein.

In the course of the proceedings it was revealed that the plaintiff had made certain payments to the defendant, for which the defendant had refused to issue receipts. The plaintiff contended that he had made six payments of £G250 each for which, the defendant refused to give him receipts; the defendant on the other hand admitted receiving five payments of £G125 each, for which he had not given receipts to the plaintiff. The five payments of £G125 each, the defendant alleged, were payments of interest on the loan secured by the said mortgage.

The defendant is a licensed moneylender carrying on his business by virtue of the Moneylenders Ordinance1 of which section 19 is material to the issues raised in this case. The section reads as foll…

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