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Bank granted order for possession where no defence raised
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High Court grants bank order for possession of lands and premises where defendant has failed to raise any legitimate defence to claim that he entered into loan, that the properties set out in the special summons were duly mortgaged as security for the loan, and that the loan is in default.
Land law – application for an order for possession of premises – loan agreements – re-service of the summons – Ord.124, r.1 of the Rules of the Superior Courts – Ord.36, r.3 – procedure governing the service of a notice for cross-examination – Ord.40, r.31 – s.3 of Bankers’ Books Evidence Act 1879 – evidence of the banks record of the debt – Ord.41, r.3 of the Rules – errors in affidavits which were corrected by these amendments are of the nature of “clerical errors” – no affidavit before the court which puts the agreement or the sum claimed in dispute – plaintiff is entitled to an order for possession of the properties.
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