25 Mar 2010
RE LIGHT TIME INVESTMENTS LTD
- Citation
- RE LIGHT TIME INVESTMENTS LTD
- Court
- Court of First Instance
- Case number
- HCMP328/2010
The court held that it cannot make a declaration freeing land from encumbrance prior to payment into court because s12A(2) confers a post‑payment discretion and the statute does not authorize pre‑payment remedies; accordingly the correct procedure is a two‑stage process: order payment into court under s12A(1), require adequate notice (advertisement) where mortgagees cannot be located, and only then entertain a s12A(2) application for declaration after the notice period.