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A land dispute over Plot No. 734, Block B, Kinyerezi Area was resolved by consent judgment, requiring sale of the property and division of proceeds.
The respondents failed to prove that the appellant was served with the mandatory default notice before initiating the sale of the mortgaged property. This procedural lapse renders the sale process null and void, despite the appellant's default on the payment schedule.
Source excerpt
Plaintiff defaulted on loan repayment, triggering mortgagee's power of sale. Auction was irregular but not unlawful; remedy is damages, not nullification. Transfer of title to 6th defendant was legal; 6th defendant is bonafide purchaser protected by law. Plaintiff cannot challenge sale after transfer; only remedy is damages. 6th defendant entitled to eviction but not damages for lost rent.
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