The Court of Appeal confirmed the right of mortgagees to levy against the mortgaged property notwithstanding that it was immovable property. Order 36 rule 42 of the High Court Rules which provides for movable property to be levied upon at the first instance did not detract from the long established practice under which mortgage judgment-creditors instructed the Registrar of the Supreme Court to levy on the mortgaged property
The Court of Appeal held that an order for specific performance of an agreement to purchase land in Guyana obtained by a purchaser who had no actual notice of a preexisting mortgage and foreclosure order over the land is a nullity. The agreement to purchase the land conferred no equitable title on the purchaser before transport and his only enforceable right would be an action for breach of contract against the vendor.It is a long established fact that a reader will be distracted by the readable content of a page when looking at its layout.