Mortgage

Sierra Leone — Court of Appeal · 1972

Principle established: An equitable mortgagee by deposit of title deeds accompanied by an agreement to execute a legal mortgage is entitled to foreclosure, and the court may appoint a receiver where just and convenient.

Sierra Leone — Court of Appeal · 1972

Principle established: An equitable mortgagee by deposit of title deeds with an agreement to execute a legal mortgage is entitled to foreclosure, and a receiver may be appointed where just and convenient.

Sierra Leone — African Law Reports · 1972-73

Principle established: An equitable mortgagee by deposit of title deeds accompanied by an agreement to execute a legal mortgage has a right of foreclosure, and a court may appoint a receiver where just and convenient.

Sierra Leone — Court of Appeal · 2019

Principle established: An applicant seeking a stay of execution pending appeal must demonstrate that the appeal is arguable and that the stay is necessary to prevent the appeal from being rendered nugatory.

Sierra Leone — African Law Reports · 1920-36

Principle established: A mortgagee cannot recover possession of land from a mortgagor by specially indorsed writ unless the mortgage deed contains an attornment clause establishing a landlord-tenant relationship.

Sierra Leone — Court of Appeal · 1963

Principle established: A testamentary clause creating a specific fund for paying debts constitutes an expression of contrary intention preventing an unpaid purchase price from being a charge on the specific property.

Sierra Leone — Court of Appeal · 1963

Principle established: A testamentary direction creating a special fund to satisfy charges demonstrates a contrary intention excluding statutory provisions that would otherwise charge the debt on the specific realty.

Sierra Leone — Supreme Court · 1963

Principle established: A will establishing a special fund to pay estate charges operates as a contrary intention preventing unpaid purchase money from charging the conveyed property.

South Africa · 2022

Principle established: A court may grant default judgment for outstanding loan amounts and declare mortgaged property specially executable when a debtor fails to defend the action.

Malawi · 2024

Principle established: A lender exercising a power of sale over secured property must ensure that only items forming part of the security are included in the sale.