25 Jul 2006
FARICHO INVESTMENT LTD v. GOOD TIME FINANCE LTD
- Citation
- FARICHO INVESTMENT LTD v. GOOD TIME FINANCE LTD
- Court
- Court of First Instance
- Case number
- HCA2496/2005
The express provisions of the Legal Charge relied on by the mortgagee cannot override the mortgagor's equity of redemption; the mortgagee's entering into sale and purchase agreements after an 11-day default (corrected by payment), while failing to provide a proper breakdown of the redemption sum and acting clandestinely, constituted a fetter on the equity of redemption and entitled the mortgagor to the declaratory relief and injunctions sought.