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The High Court upheld a bank auction sale of mortgaged land, found the plaintiff to be the lawful owner after registration, dismissed the counterclaim, and ordered vacant possession.
The High Court held that the plaintiff was not properly served with a statutory notice of default, but no unlawful sale was proved because the auction did not result in a sale.
The public auction was unlawful due to failure to comply with mandatory statutory notice requirements; the trial tribunal was correct in declaring the auction null and void and restraining eviction, but erred in awarding general damages to the 2nd and 3rd respondents without evidence of suffering.
Source excerpt
The High Court held that the bank breached the loan facility, rendering performance impossible, and declared the plaintiff no longer indebted. The counterclaim was dismissed.
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