(1987) JELR 63896 (HC)    
High Court  ·  7 Aug 1987 ·  Ghana
Other Citations
[1989-90] 2 GLR 461
Core Terms Beta
next friend
first defendants
plaintiff’s next friend
third defendant
unsound mind
rent officer
exhibit q
second defendant
statement of claim
first defendants’ letter
district court
exhibit h
maturity date
morris kingsley hansen-addy
notices of sale
alleged sale
celebrated dr samuel johnson
deed of mortgage
edward wiredu j
first defendants’ solicitor secretary
first writ
futile law
future rents
guardian ad litem
instance of the first defendant
legal support
lord campbell cj
lucid periods
maturity dates
mr b k oppong
mr e w mensah
next friend’s readiness
notice of demand
occasion of his admission
oral evidence
plaintiff’s behalf
plaintiff’s insanity
plaintiff’s mental disability
plaintiff’s mortgaged property
public auction
purchase of the mortgaged property
pursuance of the said loan
rejection of the said cheques
said solicitor-secretary
such authority
university of ghana medical school
warm appreciation of the next friend
written addresses of counsel


This action has its genesis in a loan transaction. In 1960 the plaintiff took a loan of £2,000 from the first defendants. He secured the repayment of the loan with his house No A 1420/3 (Glory House) situate at Mamprobi, Accra. The loan was payable by instalments. A deed of mortgage was executed between the plaintiff of the one part and the first defendants of the other part in pursuance of the said loan. In 1974 the plaintiff was still in arrears in the sum of ¢2,175 and the first defendants issued their notice of demand dated 17 June 1974. The plaintiff’s next friend paid ¢100 on the plaintiff’s behalf and issued post-dated cheques in liquidation of the balance which the first defendants rejected before the maturity dates. Long after the rejection of the said cheques (some 20 months after the rejection) the first defendants, as alleged, caused the plaintiff’s mortgaged property to be sold by the second defendant to the third defendant at a public auction conducted on …

There's more. Sign in to continue reading. is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login