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Mortgage owner’s right to enforce security upheld
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High Court strikes out the plaintiff's proceedings against the primary defendant, a financial institution, on the grounds that the action was frivolous and vexatious, constituting an abuse of the court's process. The plaintiff's claim, which centered on the defendant's right to enforce a mortgage security, had been previously litigated and resolved in possession proceedings across multiple court levels, including the Circuit Court, High Court, and Supreme Court. The court affirmed that the issues raised had been conclusively determined in the past, and the current proceedings were an improper attempt to re-litigate those same issues.
Mortgage security enforcement - Abuse of process - Frivolous and vexatious proceedings - Res judicata (a matter already judged) - Finality of litigation - Order for Possession - Order 19 Rule 28 (RSC) - Inherent jurisdiction of the court - Strike out motion - Financial institution - Registration of Title Act, 1964 - Henderson v. Henderson (preclusion of issues) - Circuit Court, High Court, Supreme Court decisions
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