25 Mar 2010
RE LIGHT TIME INVESTMENTS LTD
- Citation
- RE LIGHT TIME INVESTMENTS LTD
- Court
- Court of First Instance
- Case number
- HCMP346/2010
The one-stage approach is rejected because s12A(2) confers a post-payment discretion which cannot be exercised prior to payment; the court lacks jurisdiction to declare land free of encumbrances before payment into court, and adequate steps (advertisement and opportunity to join) must be taken where mortgagees cannot be found; accordingly payment into court under s12A(1) was ordered with directions for advertisement and a timetable for a subsequent s12A(2) application.