Forfeiture is an order that may be made in a criminal case which retrieves (i.e. confiscates) products of criminal activity or some portion of items stolen e.g. money from an accused person who has been tried and found guilty. This is usually done in corruption and financial crime cases. This order of forfeiture may be made in addition to other punishments such as imprisonment.


However, in some civil cases, this order may be made and in such situations, it will not be seen as a punishment. This may occur where a borrower (mortgagor) secures a loan taken by him with his property and upon failure to pay the loan as and when due, the mortgagee may apply to court for forfeiture of the mortgagor's collateral security.
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