Section 115 Property and Conveyancing Law of the Western Region of Nigeria 1959

Section 115 of the Property and Conveyancing Law of the Western Region of Nigeria 1959 is about Restriction on consolidation of mortgages. It provides as follows:

(1) A mortgagor seeking to redeem any one mortgage is entitled to do so
without paying any money due under any separate mortgage made by him, or by any person through whom he claims, solely on property other than that comprised in the mortgage which he seeks to redeem.

This sub-section applies only if and as far as a contrary intention is not expressed in the mortgage deeds or one of them.

(2) This section does not apply where all the mortgages were made before the first day of January, nineteen hundred.

(3) Save as aforesaid, nothing in this Law in reference to mortgages, affects any
right of consolidation or renders inoperative a stipulation in relation to any mortgage made before or after the commencement of this Law, reserving a right to consolidate.