Ex Parte: Gamal (81 of 2010) [2010] SCSC 91 (29 July 2010)

The applicant failed to provide proof of fraud in her affidavit and did not serve notice to the affected party, Mohammad Altaf. The application lacked merit and was dismissed.

Citation: [2010] SCSC 91
Parties: Applicant: Sandra Gamal; Chargee: Mohammad Altaf
Court: Supreme Court
Jurisdiction: Seychelles
Judgment Date: 29 July 2010
Case Number: 81 of 2010
Procedural Posture: Civil / Ruling
Outcome: Application dismissed
Legal Topics: Discharge of Charge, Fraud, Land Registration
Source Language: English

Land Law Discharge of Charge Fraud Land Registration

Case Brief

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Parties

Sandra Gamal

Applicant

Mohammad Altaf

Chargee

Procedural Posture

Civil / Ruling

Legal Issues

1 Whether the charge registered in favour of Mohammad Altaf should be discharged under Section 45(1) of the Land Registration Act on grounds of fraud.

Ratio Decidendi

The applicant failed to provide proof of fraud in her affidavit and did not serve notice to the affected party, Mohammad Altaf. The application lacked merit and was dismissed.

Court Disposition

Application dismissed

Orders

Application for discharge of charge is dismissed.