Once a warrant for possession has been executed, the statutory jurisdiction to re-instate a mortgagor is no longer exercisable. The court’s own inherent jurisdiction is exercisable only if either the judgment on which the warrant is based is set aside, or the execution of the warrant amounts to an abuse of process or oppression.
Citations:
[1996] 28 HLR 22
Citing:
Cited – Chater v Mortgage Agency Services Number Two Ltd CA 3-Apr-2003
The plaintiff mortgagee had had his warrant for possession executed. He now appealed against an order re-instating the mortgagor to possession.
Held: The wife had been unaware of the charge, and had not been made party to the proceedings. . .
Cited by:
Cited – Chater v Mortgage Agency Services Number Two Ltd CA 3-Apr-2003
The plaintiff mortgagee had had his warrant for possession executed. He now appealed against an order re-instating the mortgagor to possession.
Held: The wife had been unaware of the charge, and had not been made party to the proceedings. . .
Lists of cited by and citing cases may be incomplete.
Housing
Updated: 09 May 2022; Ref: scu.199712
