Mortgage, Pledge and Charge Transactions in Nigeria: Comparative/Distinctive Analysis and Legal Examination

Abstract

This study is both a comparative analysis and legal examination of various legal terms (mortgage, pledge and charge) usable in contractual and business transactions today. It examines their different types, rights of the parties in such transaction, the English laws regulating such transaction and how these laws have specifically been applied or adopted in Nigeria and Ghana, including other West African countries. It observed that these legal terms are acceptable forms of secured credits by companies, indiv iduals and businesses. It concludes that the mode of security to be adopted by parties in each transaction depends on them and the dictates of circumstances. The importance of these secured credits cannot be over-emphasized in all business or contractual transactions amongst parties (be it companies, management and business ventures).