AMOAH V. POKU

OLLENNU J.S.C.: This is an appeal from two rulings given by Djabanor J. one on 22 April 1963, another on 26 April 1963, and a judgment given by him on 3 May 1963, consequent upon his said two rulings. Before the learned judge was a claim and counterclaim in respect of a cocoa farm originally owned by the defendant-appellant, which the plaintiff purchased at an auction sale held at the instance of one Kwaku Manu in purported exercise of power of sale under a mortgage of the same to him by the defendant. The issues which the learned judge was called upon to resolve were not without some difficulties as is revealed in the history of the dispute.

By deed of mortgage dated 4 June 1956, the defendant mortgaged his farm to Kwaku Manu to secure cash advances to the limit of £G500 to be made by Kwaku Manu to him for the purchase and supply of cocoa to the said Kwaku Manu for the duration of the 1956-57 cocoa season. The relevant part of the mortgage in that behalf is as follows:

“The mortgagee h…