Mortgage – Equitable mortgage – Creation of an equitable mortgage – Monies owed – Agreement for land to be used as security for monies owed – Deposit of certificate of title in pursuance of agreement – No instrument of mortgage executed – Whether equitable mortgage in place – Whether deposit of title deed gives rise to presumption of charge
Company – Charge – Charge created by company – Deposit of title deed to secure debt owed by third party – Equitable charge – Deposit of title deed giving rise to presumption of charge – Whether deposit created a registrable charge or merely a lien on title deed – Whether charge created by company or arising by operation of law – Companies Act, sections 174 and 176, Registration of Titles Act, section 103, Civil Procedure Rules, 2002, rules 66.2 and 66.4
Case Number
SU 2019 CV 04678
Presiding Judge
Year
Neutral Citation
[2022] JMSC Civ 67
Date of Delivery