25 Mar 2010
RE LIGHT TIME INVESTMENTS LTD
- Citation
- RE LIGHT TIME INVESTMENTS LTD
- Court
- Court of First Instance
- Case number
- HCMP335/2010
The court held it has no jurisdiction to make a conditional declaration freeing land from an encumbrance before payment into court; the one-stage approach improperly defeats the statutory discretion under s12A(2). The correct course is to order payment into court under s12A(1), require advertisement to protect unknown mortgagees, and then permit a subsequent s12A(2) application for declaration after specified notice periods.