Mortgages (Special Provisions) Act (Cap. 304). | Land Portal

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This Act allows mortgage finance companies to obtain possession of a mortgaged property if conditions specified in this Act are fulfilled. Within a given time, the defendant, if he or she believes that not all the specified conditions do exist in relation to the property, may file an affidavit in response to summons. At a given time after the summons has been served on the defendant, the Company may apply to the court for a decree for possession of the mortgaged property, and the court shall pass such if it is satisfied that the specified conditions exist. This Act shall have effect notwithstanding the terms of a lease or tenancy agreement, and notwithstanding any other written law.

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Legal Name: The National Council for Law Reporting

Brand Name: Kenya Law

Organization type: A semi-autonomous state corporation

Parent Institution: The Judiciary

Parent Act: The National Council for Law Reporting Act


To Provide Universal Access to Kenya’s Public Legal Information by Monitoring and Reporting on the Development of Jurisprudence for the Promotion of the Rule of Law


Accessible Public Legal Information towards an Enlightened Society

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