Bundu v Kamara

Judgment creditor who purchased mortgagor's equity of redemption at public auction to satisfy debt cannot claim entire legal estate. Supreme Court of Sierra Leone, 25 October 1977

This case concerned a judgment creditor who purchased a mortgagor’s equity of redemption at a public auction in order to satisfy a judgment debt under the Execution Against Real Property Act (Cap 22). He then went further and proceeded to pay out the mortgage and have the property transferred to him, evicting the unfortunate mortgagor. The Supreme Court overturned this transaction for failure to comply with the Act and on the basis that under law the judgment creditor had no interest in the legal estate, which remained with the mortgagee. The Supreme Court also discuss the duties of the Sheriff when selling property to satisfy a judgment debt and the equitable doctrine of tracing.

Note to readers: the judgment of Livesey Luke JSC in this case was unavailable and therefore is not included. If you have a copy, please send it to ruleoflawpublishing@gmail.com and we will update the report.

Click here to access the full text of Bundu v Kamara.

To find out more about the Sierra Leone Law Reports project click here.

We would love your feedback, or any ideas you have on any funding available that could be used to deploy resources to make this project go faster. We could publish cases and get up-to-date quickly with a couple of extra team members. Contact us at ruleoflawpublishing@gmail.com to help out, provide suggestions or register your interest in receiving the printed volumes of the Sierra Leone Law Reports when available.