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Miller, George v Smith, Ralston and Sean Smith

Case Number: 
SU2021CD00445 formerly SU2020CV02064
Neutral Citation: 
[2023] JMCC Comm 42
Date of Delivery: 
28.09.2023

Whether unstamped agreement for sale and unregistered vendor’s mortgage are enforceable in equity - Whether equitable mortgagee is entitled to possession of mortgaged Property on default by equitable mortgagors - Whether purchasers and equitable mortgagors of land entitled to an order of specific performance commanding the vendor and equitable mortgagee to register transfer of property to them - Exercise of inherent jurisdiction to make declaratory reliefs as to parties’ status in relation to the property in lieu of order for specific performance.

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