APPIAH v. BASIL

JUDGMENT OF LORD MORRIS Lord Morris delivered the judgment of their Lordships: [He referred to the facts and continued:] Anthony died in December, 1952. Down to that date no claim appears to have been made but some years later, i.e. on the 2nd February, 1956, the personal representatives of Anthony (who are the present appellants) commenced an action against the respondent. They claimed that the provision in the indenture of the 11th November, 1927, under which Basil was to retain half of the mortgaged property amounted to a clog on Anthony’s right of redemption. They contended that the surrender by Anthony in 1931 of the lease of the original plot 435 and its division into two moieties was a step in the fulfilment of the provisions of the 1927 indenture. The statement of claim contained the following paragraphs: “5. In pursuance of the said mortgage agreement, the Mortgagor surrendered unto the Government of Ashanti Plot No. 435 Old Town Section `B’ and the Government of A...