s.23Appeal to Court
23
Section 23Part 5 — Objections And Finality

Appeal to Court

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Whoever, including the Governor, is aggrieved by any act or decision of the Adjudicator and desires to question it or any part of it on the ground that it is erroneous in point of law or on the ground of failure to comply with any procedural requirement of this Law, may appeal to the Court within thirty days from the date of the certificate of the Adjudicator given under section 22 or within such extended time as the Court may, on good cause being shown, allow.
On such appeal the Court may, if satisfied that the decision is erroneous in point of law or that the interests of the appellant have been substantially prejudiced by failure to comply with the procedural requirements of this Law, make such order or substitute for the decision of the Adjudicator such decision as it may consider just and may order, in such manner as it may think fit, rectification of the register kept under the Registered Land Law (1995 Revision).
Whoever, including the Governor, is aggrieved by an order or decision of the Court may appeal to the Court of Appeal in accordance with the Court of Appeal Law (1996 Revision) governing appeals in civil proceedings (but restricted to the matters stated in subsection (1)) and the Court of Appeal may, upon such appeal, either affirm, reverse or amend the order or decision of the Court and may order, in such manner as the Court of Appeal may think fit, rectification of the register kept under the Registered Land Law (1995 Revision), and may also make such order as to costs in the Court, and as to costs of the Appeal as the Court of Appeal thinks proper.
A decision of the Court, on appeal under subsection (1) or of the Court of Appeal under subsection (3), shall be in writing and copies of it shall be furnished by the court in question to the Registrar, the appellant and all other parties to the appeal and, by the Registrar to all other parties who, in his opinion, may be affected by the appeal.
Any person, including the Governor, appealing under subsection (1) shall give notice to the Registrar of his intention to appeal, and the Registrar shall forthwith make an order under section 132(1) of the Registered Land Law (1995 Revision) prohibiting or restricting dealings with any land entered in the register and affected by the appeal.
An appeal under subsection (1) shall be in such form and the parties thereto shall be liable to the payment of such fees as may be prescribed.

Defined Terms

AdjudicatorCourtCourt of AppealappellantRegistrar

Cross References

Referenced By