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BANDALI
V.
MWALAGAYA

(1980) JELR 105836 (CA)

Court of Appeal 27 Nov 1980 Kenya
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Case Details

Suit Number:Civil Appeal 38 of 1980
Judges:Eric John Ewen Law Cecil Henry Ethelwood Miller Kenneth D Potter
Location:Nairobi
Other Citations:Bandali v. Mwalagaya [1980] eKLR

JUDGMENT

Law JA On May 25, 1979, the Registrar of Titles at Mombasa wrote to the respondent under Section 57(6) of the Registration of Titles Act (“the Act”) giving him notice to remove a caveat lodged by him “within twenty eight days” failing to which it would be removed by the Registrar unless extended by an order of court. This letter was probably invalid and ineffective, as subsection (6) aforesaid was amended a fortnight before the Registrar of Titles’ letter was written, by the Statute Law (Miscellaneous Amendments) Act, 1979, whereby the period of twenty eight days was increased to forty five days as the period of notice to be given to a caveator. It is strange that the Registrar of Titles was not aware of this amendment to the Act which he administers; and it is even stranger that the draftman, when he amended subsection (6), overlooked the need to make a consequential amendment to subsection (8), which gives the caveator the right to apply by summons to the court for an order …

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