power of sales by receivers and managers over land under a debenture After the issuance of title.

May 31, 2024May 31, 2024 Discipline: Law

  • After the issuance of title 

  • After the issuance of title, initially bank tends to circumvent NLC and sell the land by virtue of power under debenture  

  • Find relevant cases. Please refer to all the articles I uploaded in google drive  

  • Bank is happy at this juncture as they need not to resort to the lengthy public auction prescribed under NLC  

  • Kimlin case (landmark case) highlighted the illegality of circumventing NLC 

  • Please properly dissect this case and the ratio decidendi. If not mistaken, there is 9 reasons. 

  • What are the impacts to the bank?  

  • Does other courts follow Kimlin case? 

  • Does Kimlin still stand? Meaning to say memang once there is issuance of title, there is no room to circumvent NLC. 

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