High Court · [2010] ZMHC 48 · 31 December 2010

Lapidaries and Another v Industrial Credit Co. Ltd. (HN 330 of 2006) [2010] ZMHC 48 (31 December 2010)

An equitable mortgagee cannot foreclose or sell land without court order; seizure of non‑leased assets is wrongful. Flynote Equitable mortgage — does not transfer legal title — mortgagee must obtain court order for foreclosure; lease‑back repossession limited to scheduled items; unlawful seizure/sale of non‑leased assets constitutes conversion; equity of redemption protected Read full summary

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