ARCHER J.A.: This is an appeal from a judgment of the High Court, Sunyani, which set aside a sale by public auction of two farms and a cottage originally belonging to the respondent. The properties were sold at the instance of the appellant, a money lender (acting under a power of sale vested in him by a deed of mortgage) to two co-defendants who have not appealed.
Stripped of irrelevant minutiae, the facts of the dispute are as follows: Kwasi Donkor, the respondent, was the owner of a very big cocoa farm through which flowed a river called Subin, thus dividing this big farm into two identifiable farms, that is one large farm and a smaller farm. The respondent also had a cottage on the same farm land which became popularly known as Donkorkrom at Kenyasi No. 1 in the Brong-Ahafo Region.
Early in 1957, the respondent obtained a loan of £1,330 with interest from one Akomfohene in order to develop his cocoa farms. A deed of mortgage, exhibit 2, was therefore executed on 26 January 1957 in f…