TRUST BANK LIMITED V. GEORGE ONGAYA OKOTH

JUDGMENT OF GICHERU. J.A.

The mortgagee's statutory power of sale under section 69(1) of the Transfer of Property Act, 1882, of India, hereinafter called the Act, as applied to Kenya arises where the mortgage-money has become due:

"whenever either the day fixed for repayment thereof, or part thereof, by the mortgage instrument has passed or some event has occurred which, according to the terms of the mortgage instrument, renders the mortgage-money, or part thereof, immediately due and payable."

But that power in terms of section 69(A). (1)(a) of the Act cannot be exercised unless and until:

"notice requiring payment of the mortgage-money has been served on the mortgagor or one of two or more mortgagors, and default has been made in payment of the mortgage-money, or of part thereof, for three months after such service."

The object of the notice as pointed out in the Tenth Edition of Fisher and Lightwood's Law of Mortgage at page 384 is to guard the rights of the mortgagor and under the stat…