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FARAGE
V.
DAVIES

(1957) JELR 83139 (SC)

Supreme Court 17 Apr 1957 Ghana
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Case Details

Judges:Miles C.J.
Other Citations:1957 2 WALR 324

MILES C.J. This is a claim for £548 alleged to be due under a mortgage made between the plaintiff and the defendant and dated October 1, 1955. By this mortgage the defendant mortgaged the leasehold premises in which she resides to the plaintiff and the material recital in the mortgage is in the following terms :

"AND WHEREAS the Lender has agreed with the Borrower at the request of the Borrower to lend to her the sum of £548. O. 0 (Five hundred and forty-eight pounds) Sterling of lawful money upon having the repayment thereof secured in manner hereinafter appearing."

According to the plaintiff's own evidence this recital is not an accurate statement of the transaction at all. He says that on September 15, 1955, the defendant came with one Badou Lowe and asked him for money. She said she had a property which she could mortgage as security for the loan. The plaintiff said that he told her he was unable to supply her with money but could let her have some goods. Subsequently, according to …

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