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Alfred Ernest & Ors V. Amanuah Ankrah & Ors (1942) LJR-WACA

Alfred Ernest & Ors V. Amanuah Ankrah & Ors (1942)

LawGlobal Hub Judgment Report – West African Court of Appeal

Indenture of Lease—Claim for monies due upon account stated— admission founded on mistake

Facts

The defendant and Anna France caecuted an Indenture of Lease with-0. B. 011ivant & Co., Ltd., on the 8th February. 1932. by which of •the rent payable to the lessors it was agreed that a sum of 1:2,r5J should be retained each year by the lessee against a debt of £5,578 r Sd owing by the lessors to, the Company. On the 3rd December. 1941, the defendant certified as correct a statement of account up to the 30th November, 1941, showing a debit balance of £3.457 Ss 9d owing on that date from the lessors to the learner,.

Upon this account stated the plaintiffs claimed the sum due.

The defendant pleaded that when she executed the lease in 1932 she was unaware that the lease was different in terms to a Former lease made by her with A. J. Tangalakis & Co.

The Chief Justiee finding that the admissions on which the plaintiffs relied were founded ou mistake dismissed the plaintiffs’ claim with costs.

Held

Admissions on which plaintiffs relied were definite

acknowledgments contained in this Indenture. It was not pleaded that these admissions were founded on mistake in respect of legal liability or of facts. Evidence insufficient to overcome the express and unequivocal terms of the indenture.


Appeal allowed. Judgment of Court below set aside and judgment entered for plaintiffs.

See also  Josiah Sobanjo V. Adesina Oke And Ogunsanya Onabote (1954) LJR-WACA

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