Cap. 296 Art. 51Rectificationofthe register.

(1) The register may be rectified pursuant to an order of a court of competent jurisdiction or by the registrar, subject to an appeal to the Court of Appeal, in any of the following cases, but subject to the provisions of this article:

(a) subject to any express provision of this Act to the contrary, where a court of competent jurisdiction has adjudged that any person is entitled to any right or

(b) subject to any express provision in this Act to the contrary, where the Court of Appeal, on the application in the prescribed manner of any person who is aggrieved by an entry made in, or by the omission of an entry from, the register, or by any default being made, or unnecessary delay taking place, in the making of an entry in the register, makes an order for the rectification of the register;

(c) in any case and at any time with the consent of all persons interested;

(d) where a court of competent jurisdiction or the registrar is satisfied that an entry in the register has been obtained by fraud or violence and in the case of the court, an order is made for the rectification of the register;

(e) where two or more persons, not being jointly entitled thereto, are, by mistake, registered as proprietors of the same right over registered land or of the same charge;

(f) in any other case where, by reason of any error or omission in the register, or by reason of any entry made under a mistake, it may be deemed just to rectify the register.

(2) The register may be rectified under this article notwithstanding that the rectification may affect any rights, charges or interests acquired or protected by registration, or by any entry on the register, or otherwise.

(3) The register shall not be rectified, except for the purpose of giving effect to an overriding interest, so as to affect the title of the proprietor who is in possession -

(a) unless such proprietor is a party or privy or has caused or substantially contributed, by his act, neglect or default, to the fraud, violence, mistake or omission in consequence of which such rectification is sought; or

(b) unless the immediate disposition to him was void, or the disposition to any person through whom he claims otherwise than under an onerous title was void; or

(c) unless for any other reason, in any particular case, it is considered that it would be unjust not to rectify the register against him.

(4) The registrar shall obey the order of any court of competent jurisdiction in relation to any registered land on being served with the judgment or an official copy thereof accompanied by a statement by the Registrar of the Court certifying that the judgment has become res judicata. interest, no entry in the register shall be rectified after the lapse of ten years from the date on which it is made: Provided that nothing in this sub-article shall be construed as affecting the right of any person to claim damages from any person liable thereto.

(7) On every rectification of the register any certificate or document which may be affected shall be produced to the registrar unless an order to the contrary is made by him.