THOMAS KPAKPO PINNOCK
V.
G. B. OLLIV ANT & CO., LTD. AND ANOR

JELR 80796 (WACA)    
West Africa Court of Appeal  ·  West Africa [For WACA cases]
 · 
Other Citations
1934-35 2 WACA 164 - 169
CORAM
Cor. Kingdon, C.J., Yates, Acting C.J., and Graham Paul, J.
Core Terms Beta
sale
court
evidence
plaintiff
deed of mortgage
power of sale
case
learned judge
second defendant
g. b. ollivant
principal debtor
date of the notice
secured debtor
demand notice
front part of the house
market value
plaintiff's counsel
account of the amount
addition of an alternative claim
behalf of the mortgagees
calendar month's previous notice
close of the plaintiff
fact of the receipt of this notice
first defendants g. b. ollivant
fred khoury
graham paul
important consideration
important point of the appellant
judgment non
matter of law
mortgagee-vendors
motion of the plaintiff-appellant
plaintiff of the intention
present case
public auction
relevant clause of the deed
such notice
view of the usual clause

 GRAHAM PAUL, J.

The claim in this suit was to set aside a sale made by the first defendants G. B. Ollivant and Co., Ltd. As Mortgagee-Vendors to the second defendant, one Fred Khoury, of certain land at Nsawam under the power of sale in a Deed of Mortgage granted by the plaintiff to the first defendants; and for redemption.

The ground upon which the claim was based was that the sale was effected without one calendar month's previous notice being given to the plaintiff of the intention to exercise the power of sale as stipulated in the Deed of Mortgage.

The claim in the original writ was later amended by the addition of an alternative claim as against the first defendants, only, for £300 damages for wrongful sale.

At the close of the plaintiff's case, in view of the usual clause in the Deed of Mortgage protecting purchasers at a sale under the power of sale, the plaintiff was non-suited in regard to the second defendant with costs and there is no appeal before us as regards the second …

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