Mortgage-Equitable mortgage-Creation of an equitable mortgage-Monies owed-Areeement for land to be used as security for monies owed-Deposit of certificate of title in pursuance of agreement-No instrument of mortgage executed-Whether equitable mortage in place-Whether desposit of title deed gives rise to presumption of charge.
Company-Charge-Charge created by company-Deposit of title deed to secure debt owed by third party-Equitable charge-Deposit of title deed giving rise to presumption of charge-Whether deposit created a registrable charge or merely a lien on title deed-Whether charge created by company or raising by operation of law-Companies Act, sections 174 and 176, Registration of Titles Act, section 103, Civil Procedure Rules, 2002 rules 66.2 and 66.4
