CHANDIRAM AND ANOTHER
V.
GHANA COMMERCIAL BANK

LORD JENKINS: Lord Jenkins delivered the judgment of the Board: This case concerns competing interests in certain real property at Accra, the rival claimants being Ghana Commercial Bank, formerly the Bank of the Gold Coast, defendants in the action and now appellants (hereinafter called “the Ghana Bank”), who claim to be mortgagees of the property; and D. T. Chandiram, plaintiff in the action and now respondent (hereinafter called “the purchaser”), who claims to have bought the property at an execution sale free from the alleged mortgage. Also concerned in the litigation is one J. Mensah (hereinafter called “the tenant”) who, in his capacity as Manager of St. John’s Grammar School at Accra, was in possession of the property as tenant at the date of the execution sale, but who thenceforth, according to the purchaser, became a trespasser, by refusing to attorn tenant to the purchaser and insisting on paying his rent (£G75 per month) to the Ghana Bank, who demanded such payment on the st…