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Court of Appeal upholds High Court's decision, affirming that the purchasers acquired good title to a property sold by the mortgagee in possession, despite the appellant's claim that the sale was invalid due to the absence of a court order for possession under statute, on the grounds that the statutory protections provided to purchasers rendered the purchasers' title unimpeachable and the appellant's claim against them unstateable and bound to fail.
Court of Appeal - High Court - mortgagee in possession - statutory protection - purchasers - good title - lis pendens - s. 62(7) Registration of Title Act, 1964 - s. 21(2) Conveyancing Act, 1881- s. 5(1) Conveyancing Act, 1911 - unreasonable delay - statutory power of sale - receiver - property rights - unstateable claim - bound to fail - Bank of Ireland Mortgage Bank v. Cody - inherent jurisdiction - O. 19, r. 28 Rules of the Superior Court (RSC) - Land and Conveyancing Law Reform Act, 2009.
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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