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Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
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A tribunal upheld provisional attachment in a money-laundering matter after finding that the appellant could not justify retention of amounts received in land transactions. The earlier agreement to sell was rejected because it was unsigned on all pages and could not override the later registered sale deed showing a lower consideration; the excess amount was treated as proceeds of crime. The tribunal also held that, after cancellation of a sale agreement, retained funds required to be refunded could be attached as property of equivalent value, even if the attached assets had been acquired before the crime. Confirmation of the attachment was therefore sustained.
A tribunal upheld provisional attachment in a money-laundering matter after finding that the appellant could not justify retention of amounts received in land transactions. The earlier agreement to sell was rejected because it was unsigned on all pages and could not override the later registered sale deed showing a lower consideration; the excess amount was treated as proceeds of crime. The tribunal also held that, after cancellation of a sale agreement, retained funds required to be refunded could be attached as property of equivalent value, even if the attached assets had been acquired before the crime. Confirmation of the attachment was therefore sustained.
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