DISTRICT COURT ACT 1991 - SECT 36
DISTRICT COURT ACT 1991 - SECT 36
36—Alternative forms of relief
(1) Although a
particular form of relief is sought by a party to an action, the Court may
grant any other form of relief that it considers more appropriate to the
circumstances of the case.
(2) In
particular—
(a)
where a party seeks relief by way of injunction or specific performance, the
Court may award damages in addition to or in substitution for such relief;
(b)
where a party seeks foreclosure of the equity of redemption in mortgaged
property, the Court may, instead of ordering foreclosure—
(i)
direct the sale of the mortgaged property; or
(ii)
direct a transfer of the mortgage debt and security to a
person who agrees to assume the debt.
(This subsection is not exhaustive.)