The original transferee is in possession and does not agree to give possession though the transferor is ready and willing to pay the sum of money within the stipulated period (but during that period the transferee was not to be seen or either of them were displaced). • In most cases, a conditional transfer is, in effect, a mortgage. If an application is made to the Debt Conciliation Board before the expiry of the period of the condition, the Debt Conciliation Board can declare that the transfer is a mortgage. In some cases the real value of the land may not have been paid. If, as a result, the rule of laesio enormis8 is applied the transaction would be set aside. At most, the existing law would enable a civil suit to vindicate the right of the transferee. On the other hand, it would also pave the way for a suit for specific performance at the instance of the transferor for the retransfer of the property by the transferee. It is envisaged that conditional transfer of property would be a major issue since past experiences (during the 1960s, 70s and early 80s) show that instead of executing mortgages, the practice in the Northern Province was to execute conditional transfers. Although current legal provisions adequately address this issue in the normal circumstances, it is our view that these provisions are not adequate in a conflict or post conflict period. Legal mechanisms now in place may not be sufficient to resolve these since the frequency of the disputes will be high. Further, accessibility to the Debt Conciliation Board might also be impossible since it is a centralised institution. In addition, dissatisfaction of either party may arise in the resolution of this type of dispute. As a result of the conflict and displacement, the transferor being the original owner of the land will seek to have the land retransferred to him for the original sum and the interest stated therein for the period mentioned in the document. This will be prejudicial to the transferee, who had advanced the money but has not properly benefited from it. On the other hand, the transferee will insist on the repayment of the capital sum with interest for the entire period without granting any concession due to the conflict and displacement. The transferee will be in a better position to bargain since the title rests with him. If the possession of the property also lies with the transferee, the transferor will be in a very weak position. Taking both these positions into consideration it would be desirable that a mediatory or a conciliatory settlement be reached to the satisfaction of both parties. In this respect it is suggested that opportunity be granted to the original transferor to repurchase the property within a given time frame subject to all other conditions setout in the Conditional Transfer. iii) Property mortgaged to Banks and other institutions The applicable laws are: Recovery of Loans by Banks Act No. 4 of 1990; Banking Act No 30 of 1988; Debt Recovery (Special Provisions) Act No 2 of 1990; Money Lending Ordinance No.2 of 1918; Mortgage Act; and the Prescription Ordinance. Properties mortgaged to commercial banks are always insured against risks. Invariably, the conditions of mortgage stipulate that the annual premium for insurance should be paid by the owner of the property and, if he fails, the obligee bank would pay the insurance premium on behalf of the owner. During the period of conflict, however, the question of whether the property was properly insured at all material times should be considered. If not, the ultimate position would be that 8 If the consideration was less than half the market value the sale is liable to be set aside 16