Milleks, Branch of United Africa Co. Ltd. of CAPE COAST v. SOPHIA AMISSAH AND OTHERS

Gardiner Smith, J.

By his Will the late W. B. Amissah devised his house at Gegem, Cape Coast, to his wife and children. Upon his death the widow and children became joint tenants. The children mortgaged the property. The widow was not a party to the mortgage. The mortgage was therefore voidable at the instance of the widow. The widow, however, upon obtaining an assurance from the mortgagees that the property would in no case be sold, has discontinued . her action to have the mortgage set aside. The children now submit that it is void, so that they are not liable under the covenant contained therein.

In my opinion it is not void. Even if the conveyance of the property contained therein were void the collateral covenant can be enforced. Halsbury, Vol. 7 ss.807, 847. Pollock's Principles of Contract 8th, ed. p. 385.

I hold further that the defendants are estopped by their own deed and also that having thereby induced plaintiffs to employ one of them as storekeeper and so enjoyed the consideration given by the plaintiffs for the mortgage, they cannot now repudiate their contract.

There will be judgment for plaintiffs against defendants jointly and severally in the sum of £16410 s. 10 d. with costs to be taxed.