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…