[1982]DLHC2148 • March 19, 1982 • High Court
KARMAH vs. MANZA
The plaintiff mortgaged his house at Kwesimintsim Zongo, near Takoradi, to the defendant to secure a debt of ¢1,080. Upon default to redeem by the plaintiff, the defendant obtained a possession order from the Circuit Court and took possession. The plaintiff later sought to redeem the property by paying the debt plus interest and expenses, but the defendant refused, claiming the plaintiff had forfeited his right of redemption and that the transaction was a sale with an option to repurchase rather than a mortgage.
read moreJUDGMENT OF ANSAH-TWUM J. By an originating summons the plaintiff claims from the defendant herein, the following reliefs: “1. Redemption of house No. 130/3, Kwesimintsim Zongo, near Takoradi. 2. Re-conveyance of house No. 130/3, Kwesimintsim Zongo, near Takoradi to the plaintiff. 3. Delivery of possession by the mortgagee defendant, to the mortgagor plaintiff. 4. An order for an account.” By his affidavit in support of the summons filed on 16 December 1980, the plaintiff claims that he did on 1 September 1970 mortgage his house No. 130/3 Kwesimintsim to the defendant, as mortgagee to secure the sum of ¢1,080 which he owed the defendant. Apparently, the plaintiff could not redeem the property and upon an application by the defendant herein, an order for possession issued by the circuit court on 13 March 1971 was sealed in favour of the defendant. The defendant did immediately thereafter move into possession of the said house and has ever since remained in possession of the pr...