[1964]DLSC1926 • May 25, 1964 • Supreme Court •
MARFO AND OTHERS vs. ADUSEI
The respondent mortgaged a farm to secure a loan of £G300 plus £G150 interest. The mortgagee (first appellant) advertised the farm for sale by public auction without giving the respondent the required one month's notice. The respondent claimed the mortgagee agreed to postpone the sale for one year, but the farm was sold three months after the originally advertised date without informing the respondent. The sale was conducted by the third appellant (auctioneer) and the farm was sold to the second appellant, who claimed to be a bona fide purchaser without notice of any breach.
read moreJUDGMENT OF OLLENNU J.S.C. Ollennu J.S.C. delivered the judgment of the court. The respondent, commenced these proceedings at Kumasi, in the Land Division of the then Supreme Court, claiming (i) an order to set aside the sale of a farm made under a mortgage, (ii) accounts of the proceeds of the said farm, and (iii) damages for wrongful sale thereof. The material averments in his statement of claim are that he mortgaged the farm in dispute and another one to secure a capital loan of £G300 and interest of £G150 thereon; that when payment became due, the mortgagee, the first appellant, placed public notice advertising the farms for sale at public auction without giving him one month’s notice of his intention to sell as provided under the mortgage; that upon an approach the respondent made to the first appellant, the latter agreed to postpone the sale for a year; and that in breach of his agreement to postpone the sale, and without informing the respondent, the first appellant caused ...