25 Mar 2010
RE LIGHT TIME INVESTMENTS LTD
- Citation
- RE LIGHT TIME INVESTMENTS LTD
- Court
- Court of First Instance
- Case number
- HCMP336/2010
The court held that s12A does not authorize a pre‑payment declaration freeing land from registered mortgages; the discretion under s12A(2) arises only after payment under s12A(1) and must be preserved. Therefore the one‑stage approach is impermissible. The proper course is to order payment into court, require public advertisement and a period for interested persons to apply to be joined, and permit a subsequent s12A(2) application for declaratory relief once procedural safeguards have been observed.