15 Sept 2011
LDC FINANCE LIMITED (IN RECEIVERSHIP) V JENKINS HC NEL CIV 2009-442-000281
- Citation
- openlaw-f8ac4f67_6259_4f50_a40f_e778c24f57a6.pdf
- Court
- High Court
The Court applied a literal and purposive construction of s139(1)(c) to hold that a successful mortgagee's possession is backdated to the date of its application; however s168(1)(b) can terminate such backdated possession where a prior mortgagee enters into possession. Because the respondent (Colin Gordon) arguably held a prior mortgage and purportedly entered into possession on 27 July 2009, any backdated order in favour of the plaintiff would be at least arguably nugatory; further, the respondent's evidence did not establish consent binding the plaintiff to the 2003 leases nor any satisfact…