BUCKLE V. BASSIL AND ANOTHER

OLLENNU J.A.

The proceedings which culminated in this appeal commenced in the High Court with an originating summons which called upon the High Court to determine whether a certain deed entered by the parties and purporting to be a lease “is in substance a mortgage and not a lease, and if it is, whether the plaintiff is entitled to redeem it.”

Upon the summons coming before it, the High Court made a consent order directing that a special case be stated and signed by counsel for the parties; this order was complied with and the case was accordingly stated and signed. The stated case sets out all the relevant facts. Paragraph (10) of the stated case reads:

“The questions upon which the opinion of the court is sought are:

(i) Whether upon a true construction of the deeds of 7 February 1944 and 14 February 1945 the transaction between the parties was a mortgage or loan transaction and not a lease.

(ii) If the said deeds represented a mortgage transaction whether the plaintiff is entitled to re…