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@DrAnnLopez Quite a number of Africans hate their identity yet the African culture is so beautiful and promotes Ubuntu...something we need especially in these times
Court of Appeal Clarifies That A Mortgage Signed by the Registered Proprietor Is Not Void Merely Because the Mortgagee Did Not Sign the Instrument, and Upholds the Bank’s Power of Sale Upon Default.
The Court noted that the trial Judge herself had observed that, had the mortgage been valid, the sale would have been lawful because clause 5 of the deed expressly conferred a power of sale by public auction or private treaty.
The Court thus did not accept the Respondent’s argument based on section 8 of the Mortgage Act. It found that the numerous demands and warnings to the borrower and the Respondent showed that the Respondent was in breach and the money was owing. Citing Housing Finance Bank & Another v Edward Musisi, SCCA No. 22 of 2010, it held that the power of sale arises once an instalment has become due and remains unpaid.
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When it comes to life experiences, I have come to the conclusion that no one is supposed to advise or judge anyone. Let people go through what they're going through in their own way. Y'all advise people according to your expectations and life experiences and forget that we can never be the same, we can never have the same life experiences, and our abilities to react to different things in life will never be the same.
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