MATZEN & TIMM (GHANA) LTD V. KISSI

JIAGGE J.: The defendant owns a house which he mortgaged to the Ghana Commercial Bank. The defendant let the same property to the plaintiff company at the rent of £G300 a year. The bank took steps to foreclose the mortgage, sell the house in question and recover the mortgage debt of £G1,500 that was still due and owing.

According to P.W.1 his company with the consent of the defendant offered to pay the mortgage debt. This offer was accepted by the bank and the defendant’s property was transferred to the plaintiffs on the 26th July, 1960. The bank also handed over to the plaintiffs the mortgage deed between the defendant and the bank dated the 8th July, 1957. The defendant’s title deeds were also handed to the plaintiffs. The plaintiffs then notified the defendant about the transfer of the mortgage to them. According to the plaintiffs the defendant saw P.W.1 in his office several times about the mortgage debt but stated each time that he had no money to pay.

Upon the plaintiffs’ instruct…