Aiah mortgaged her land to Mikha. Can Aiah sell the mortgaged property? Why or why  not?

A mortgage lender is never allowed to sell a property against which a mortgage has been taken outA mortgage lender may in certain circumstances sell the property against which a mortgage has been taken out.A mortgage is often entered into to allow the lender to sell a property that they otherwise wouldn’t be able toA mortgage is often entered into to allow the debtor to sell a property that they otherwise wouldn’t be able toA mortgage is often agreed to allow a lender to purchase a property that they otherwise wouldn’t be able to

Mary, a hardworking and industrious lady, lives in and does business in Canada. Due to her industry, she has bought several houses in Lang'ata, Nairobi, three of which she has been leasing to the Kenya Wildlife Services to house their senior managers. John, a young man with great ambitions, has always desired to purchase a house in Lang'ata, but had been unable to do so due to the high prices of property in Lang'ata and his inability to secure financing from banks and other financial institutions. John has learnt of Mary's ownership of the three houses being rented by KWS and has designs to purchase one of them by hook or crook. He sends Mary an email detailing the poor condition of one of the houses due to poor maintenance by the tenants, the KWS. He further states that the said house has been earmarked for demolition by the Kenya Airports Authority (KAA) for being in the flight path and posing a security risk to the planes at Wilson Airport. In the email, John offers to purchase the "condemned" house from Mary at Kshs. 7 million, way below the market price of the house, which was then valued at Kshs. 20 million. Mary questions the low asking price, but John tells her that property prices have considerably fallen in Nairobi due to the security threats posed by the terror group Al-Shabaab. Taking into account all the circumstances as per John's email, Mary agreed to sell the house to John at the proposed price and a Sale Agreement was prepared and signed by both parties, though the transfer documents had not yet been prepared. Mary came back into the country to complete the transactions, but her inspection of the house revealed that it had been perfectly maintained by the KWS and that it was in good condition. She also discovered that the house had not been condemned for demolition as was stated by John; and that the terror threats from Al-Shabaab have in no way led to the reduction in property prices in Nairobi. Based on her findings, Mary refused to sell the property to John and repudiated the Sale Agreement. Five years after Mary's repudiation of the Sale Agreement, John files a suit in court demanding for the specific performance of the Sale Agreement and the transfer of the house to him. John is, however, unwilling to pay the proper market price for the house, which has now appreciated to Kshs. 50 million, insisting on paying the previously agreed price of Kshs. 7 million. You are the judge at the Milimani Law Courts and the matter has been argued in your court. Decide the case, supporting your decision with the relevant principles and case law

Eastpac Bank has lent Alexandra Ltd $500 000. Part of the loan contract prevents Alexandra from borrowing money in the future from other banks without the permission of Eastpac. As a result of this relationship:

Ms. X bought a property that has clean title, no encumbrances. She has been living there for more than 10 years already. But on the 12th year, she found out that there were other real owners of the property. Can Ms. X still be evicted?Tip: Acquisition by prescription in good faithGroup of answer choicesNoYes

H mortgages his property 1 and 2 to Z and later mortgages property 1 to Y, which of the following would be the next course of action, as per the doctrine of marshalling?a)  H would have to satisfy the debt from the sale proceed of the property 2.b)  H would have to satisfy the debt from the sale proceed of property 1 or 2.c)  H would have to get a formal permission from Y in case of selling property 1 before property 2.d)  H could not satisfy his debt from the sale of property 1.