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High Court makes two orders in applications relating to the enforcement of orders for possession and: (i) substitutes a fund for the bank in the proceedings following the transfer of ownership of the mortgagee’s interest in the mortgage; and (ii) grants the fund liberty to issue execution in respect of the orders for possession, on the ground that the uncontroverted evidence before the court was that the fund had succeeded to the bank's interest in the land and is therefore entitled to the benefit of the orders for possession.
Enforcement of order for possession - procedural application - the mortgagee’s interest in the Mortgage had been transferred from the plaintiff bank to a fund - the fund sought to be substituted into the proceedings and to continue them - Order 17, rule 4 of the Rules of the Superior Courts - the fund also sought liberty to issue execution in respect of the orders for possession - Order 42, rule 24 of the Rules of the Superior Courts - the High Court made orders for possession in respect of the three mortgaged properties on 16 January 2017 - Court of Appeal dismisses an appeal in relation to said orders - leave to appeal was refused by the Supreme Court - assignment of a chose in action - whether the fund could be transferred into the proceedings in place of the bank in circumstances where an order for possession had already been granted - uncontroverted evidence before the Court was that the Fund had succeeded the Bank as mortgagee and/or charge holder in respect of the three parcels of lands - orders granted.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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