ASARE V. BROBBEY AND OTHERS

ARCHER J.A.: The appellant obtained a loan of £G800 from the first respondent, a moneylender, and as security for the loan, he executed a deed of mortgage encumbrancing his house, a leasehold at Kumasi. Under the terms of the deed of mortgage, the appellant covenanted to repay the loan within twelve months but as he was unable to repay the whole amount within the stipulated period, the first respondent instructed the second respondent, an auctioneer, to sell the mortgaged property relying on a power of sale conferred on him by the mortgage deed. There was subsequently a public auction conducted by the second respondent and at that auction, the third respondent, as the highest bidder, bought the house, the subject-matter of the mortgage.

Thereafter, the appellant took out a writ of summons claiming a declaration that notwithstanding the sale, he was still the owner of the house. The grounds for the declaration sought were contained in the statement of claim which need not be repeated v…