De SILVA: This case was decided in each of the courts in Africa on the basis that English law was applicable to the questions which arose.
On the 11th March, 1939, the respondents received a loan from one Kwabena Frimpong, the first defendant in the action (not an appellant in this appeal) and in respect thereof executed a document in the latter’s favour in the following terms:
“Whereas we the undermarked Kojo Abrokwa and Kwabena Akromah all of Manfro in the Kumasi District have this 11th day of March, 1939, received the sum of Four – (sic.) eleven shillings (£4 11s) from Kwabena Frimpong of Abrepo village as loan in consideration for which we hereby pledge the undermentioned One (1) Cocoa Farm to the said Kwabena Frimpong as security against the said loan.
1. We do hereby faithfully promise to pay the said sum of four – eleven shillings (£4 11s.) on or before the 30th day of November, 1939. 2. Provided always and it is hereby agreed and declared that in default or failure to pay the sai…