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Court of Appeal dismisses appeal against injunctions ordered in favour of plaintiff receiver, on the grounds that: (1) the appellant took on the challenge on behalf of a mortgagor, and the law does not permit such a course of action by proxy, and therefore has no locus standi to context the receivership, injunction or validity of the mortgage; (2) the sufficient notice period was complied with; (3) the trial judge did not err on the facts, and was correct in his application of the legal principles; (4) there was “no infirmity or frailty” linked to the appointment of the receiver over the two properties; and (5) none of the grounds advanced by the appellant have any validity.
Appeal – receivership – injunctions – appeal orders of the High Court – dismissed the appellant’s counterclaim - perpetual injunctions restraining the defendants from interfering and obstructing or in any way preventing the plaintiff/receiver from exercising his powers and functions as receiver over two properties – receiver’s powers - no agency to act – locus standi - appeal dismissed.
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