MUKAKABANDA et al.v. BPR
Striking off a case does not extinguish the underlying claim; parties retain the right to file a new claim. The loan contract allows the creditor to sell the mortgage without court intervention, but does not preclude claims for remaining debt. Payments not recorded on bank slip must be deducted from the debt. Moral damages cannot be awarded without proof of harm. The appeal has merit in part regarding unrecorded payment; the principal debt is reduced accordingly.
Source excerpt
- Striking off cases
- Loan contract termination
- Calculation of debt
- Moral damages
- Procedural rights