OLLENNU J.A.
The proceedings which culminated in this appeal commenced in the High Court with an originating summons which called upon the High Court to determine whether a certain deed entered by the parties and purporting to be a lease “is in substance a mortgage and not a lease, and if it is, whether the plaintiff is entitled to redeem it.”
Upon the summons coming before it, the High Court made a consent order directing that a special case be stated and signed by counsel for the parties; this order was complied with and the case was accordingly stated and signed. The stated case sets out all the relevant facts. Paragraph (10) of the stated case reads:
“The questions upon which the opinion of the court is sought are:
(i) Whether upon a true construction of the deeds of 7 February 1944 and 14 February 1945 the transaction between the parties was a mortgage or loan transaction and not a lease.
(ii) If the said deeds represented a mortgage transaction whether the plaintiff is entitled to re…