DUAH vs. DEBRA AND ANOTHER (CONSOLIDATED)

JUDGMENT OF OLLENNU J.A. This is an appeal from a judgment of the High Court, Kumasi given in two suits consolidated. The claims made in the two cases are identical and read as follows: “(1) An order of the court setting aside the sale of the plaintiff’s farms described in the schedule hereto attached on 16 March 1961 by the third defendant on the instructions of the first defendant to the second defendant on the grounds that the said sale was unlawful and irregular and that there was collusion between the second and third defendants. (2) An order of the court re-opening the loan transaction between the plaintiff and the first defendant under the Loans Recovery Ordinance on the ground that the interest charged was harsh and unconscionable. (3) An order of the court in the exercise of its equitable jurisdiction to protect the plaintiff as mortgagor from the first defendant as mortgagee nullifying the sale of the plaintiff’s said properties by the first and third defendants t...