TRANSFER OF LAND ACT 1893 - SECT 117
TRANSFER OF LAND ACT 1893 - SECT 117
117 . Mortgagor not to sue on cause of action available to mortgagee without mortgagee’s consent
(1) A mortgagor or his
transferee shall not either before or after such default or breach as
aforesaid commence in his own name any action at law for or in respect of any
cause of action for which a mortgagee or his transferee may sue under the last
preceding section without obtaining the previous consent in writing of such
mortgagee or transferee or his agent to the commencement of such action after
giving which consent such mortgagee or transferee shall not be entitled to
bring in his name any action at law in respect of the cause of action
specified in such consent.
(2) Despite subsection
(1), if a mortgagor or his transferee shall bring any such action in his own
name and the defendant shall prove the existence of a mortgage the plaintiff
shall not be nonsuited nor shall there be a verdict against him if he prove in
reply that the action was brought with the written consent of the mortgagee or
of the transferee of his mortgage or his agent.
[Section 117 amended: No. 19 of 2010 s. 51.]