Cited for the proposition that mortgage bonds form, by prescription of law, an intrinsic aspect of title.
Rescission order that set aside paragraph 2 of HC 7402/13 declaring the property executable and ordered restoration of title to Honeypot as it was prior to HC…
Followed for the principle that rescission of judgment is interlocutory in nature and restarts the litigation process by placing parties on par.
NDEWERE J granted a rescission application on 10 June 2020 brought by purchasers of subdivided portions (7th to 10th respondents) who had not been joined in HC…
Cited for the proposition that mortgage bonds form, by prescription of law, an intrinsic aspect of title.
Judgment by MUSITHU J dealing with fuller details of several matters associated with this dispute.