BORDOH
V.
G.B. OLLIVANT (GHANA) LTD. AND OTHERS

(1964) JELR 69667 (HC)    
High Court  ·  8 May 1964 ·  Ghana
 · 
Other Citations
[1964] GLR 285
CORAM
BRUCE-LYLE J.
Core Terms Beta
house
sale
plaintiff
private treaty
public auction
auctioneer
evidence
auction sale
solicitor
case
letter
mr. ocran
action
agents
employment of an auctioneer
plaintiff’s ownership
subsequent sale
abortive public sale void
above decision
alleged deed of mortgage
auctioneer mr. c. q. ocran
auction notice
bruce-lyle j.
deed of mortgage
evidence of the plaintiff
exercise of their right of sale
existence of any mortgage
half years
heavy down pour of rain
house no.
implied authority of the employer
indebtedness of her daughter mrs. christiana sangmuah
late husband
late husband mr. cudjoe
learned trial judge
messrs. ollivant
mr. j. w. acquah
mr. sey
plaintiff’s claim
plaintiff’s evidence
possession of the said house
public sale
said house
sale acquah
second issue
sister ama
substantial improvements
tenant of the plaintiff
time of the sale
title deeds

BRUCE-LYLE J.: In this action the plaintiff’s claim as against the defendants Messrs. G. B. Ollivant Ltd. is for:

“(1) a declaration setting aside an alleged deed of mortgage purported to have been made on 24 August 1953 between the plaintiff and the defendants,

(2) An injunction restraining the defendants, their agents and licensees from interfering with the plaintiff’s ownership of the said house,

(3) £G500 damages for trespass to the same house (No. 64/1 Amonoo Street, Takoradi) and

(4) An injunction restraining the defendants their agents and servants from interfering with plaintiff’s ownership and possession of the said house.”

The defendants, Messrs. Ollivant and Co. (hereafter referred to as Ollivant) in the exercise of their right of sale under a deed of mortgage, dated 24 August 1953, instructed an auctioneer Mr. C. Q. Ocran to sell house No. 64/1, Amonoo Street, Takoradi, by public auction. The date for the sale was fixed for 30 June 1962, but owing to a heavy down pour of rai…

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