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High Court grants order for possession of lands the subject of a 'lifetime loan'/'reverse mortgage' in favour of the lawful assignee of the mortgagee's interest against the administrator ad litem of a deceased's estate, on the grounds that: the proceedings are not the subject of a special statutory two-year time limit where there existed no 'subsisting' action at the date of death of the deceased as the assignee had not at that date made or sent its letter of demand for the monies loaned on foot of the mortgage, and therefore no cause of action had accrued at the date of death to enable to special time limit to apply; and as the registration of title requirements are in order, the assignee is entitled to the order sought.
Application for order of possession of mortgaged lands not subject to two-year limitation period under statute - lawful assignee of mortgagee's interest - administrator ad litem of deceased's estate - lifetime loan - reverse mortgage - whether proceedings have been brought within time - execution of mortgage and charge - mortgage registered on folio as a charge - mortgage clauses in respect of mortgagee's powers - special summons - order of Master of High Court striking out summons discharged by order of High Court - chancery special summons - calculation of limitation period - proceedings subsisting on death of person - civil liability act - two years' within date of death - whether proceedings 'subsisting' at date of death - approach of court on application for an order for possession - registration of title - cause of action not accrued until letter of demand sent - no letter of demand made prior to date of death therefore action not subsisting as of that date - whether statutory registration of title requirements met - registration evident from folio - no discretionary factors put forward which would justify refusal of order for possession
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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