The Weekly Law Reports
[1962] 3 WLR 374
[PRIVY COUNCIL.]
GOVINDJI POPATLAL APPELLANT; AND NATHOO VISANDJI RESPONDENT.
ON APPEAL FROM THE COURT OF APPEAL FOR EASTERN AFRICA.
1962 May 1.
LORD DENNING, LORD MORRIS OF BORTH-Y-GEST and LORD GUEST.
Eastern Africa
— Kenya
— Mortgage
— Enforcement
— No claim for personal decree
— Valid charge against property
— Failure to prove execution of charge
— Objection to admissibility
— Waiver
— Execution provision superseded by registration of charge
—
Indian Evidence Act, 1872 (as applied to Kenya), s. 68
—
Registration of Titles Ordinance (Kenya, 1948 Rev.), c. 160, ss. 1 (2), 23, 32.
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