Cap. 296 Art. 51A
PART VIII
(1) Notwithstanding any other provision of this Act, the
State Advocate shall have the right and interest to bring an action for the purpose of impugning any registration made under any provision of this Act, and which has not been made under or has given rise to a guaranteed title, where:
(a) such registration has been made in violation of any requirement of this Act, or of any other law;
(b) such registration has been made in accordance with an application containing incorrect information or information which should not have led to the registration of the title;
(c) it results that the person in whose favour the registration was made kept hidden from the registrar facts or information which were relevant to the examination to be conducted by the registrar in accordance with article 18 of this Act.
(2) The fact that the application which gave rise to the registration has been received and accepted by the registrar shall not hinder this action.
(3) The State Advocate may exercise this action by means of a sworn application to be filed in the Civil Court, First Hall, at any time after the registration to be impugned has been made, which sworn application shall be filed against the registrar and the person in whose favour the impugned registration has been made.
(4) An action filed under this provision shall be heard and decided in accordance with the applicable provisions of the Code of
Organization and Civil Procedure.
(5) Where the court decides that the registration shall be revoked, the registrar shall cancel such registration by not later than twenty (20) days from the date on which the decision becomes final.
(6) The right of action granted to the State Advocate under this provision shall be without prejudice to any other right which third
Wijzigingsgeschiedenis
- Amended by XXXVIII.2021.6