POKU V. GHANA COMMERCIAL BANK

AMPIAH J.A.

In 1957 the plaintiff had obtained a loan of £1,500 from the first defendant-bank and secured the loan with his house No. 40, Block 12, M.E. Extension, Kumasi. The plaintiff had failed to repay the loan, whereupon the first defendant-bank had had the security sold by auction in terms of the mortgage deed. The second defendant had bought the house. The plaintiff then took this action to have the sale declared null and void, to set aside the sale and have the house reconveyed to him. Both parties relied on the mortgage deed, exhibit A. The learned trial judge at the end of the case found that there was a breach of the loan agreement for non-payment of the loan and that there was no proper service of the demand notice for the failure to pay back the loan. He held therefore that the sale was in breach of the terms of the agreement. He proceeded then to deliver himself of his judgment thus:

“On the basis of the above authorities, I ought to hold that the failure of the first def…