Civil Case No. 108 of 1998
ORDERS
UPON READING the Avit of John McMillan sworn and filed
herein And UPON HEARING Mr. John Caldwell well Malcolm of Counsel for the Plaintiff and
the Defendant in person,
IT IS HEREBY ORDERED:
1. THAT the Plaintiff as Mortgagee, be empowered to sell and
transfer the Leasehold Property contained and described in Title
No. 12/0912/127 by such
means and in such manner as it shall deem fit.
2. THAT pending any such sale and transfer the Plaintiff as Mortgagee
or any agents duly authorized by it in writing be empowered
to enter on the said Leasehold
property and in all respect in the place and on behalf of the proprietor of the leases and
to apply in reduction of the monies due and owing to the Plaintiff all or any rent
received in respect to the said
property.
3. THAT the purchase monies to arise from the sale and transfer of the
Leasehold Property and the monies received (if any)
by the Plaintiff pending such sale and
transfer shall be applied;
a) Firstly in payment of the expenses occasion by the sale and transfer
or going into and remaining in possession (as the
case may be) including the costs of this
application.
b) Secondly in payment of the monies then due and owing to the
Plaintiff as Mortgagee.
c) Thirdly in payment of subsequent registered mortgages or
encumbrances (if any) in order of their priority.
d) Fourthly the surplus (if any) shall be paid to the Defendant.
4. THAT the execution of this order be stayed until the 20th
of March 1999.
5. THAT costs of this application to be agreed or taxed.
