RULING
The 2nd Plaintiff on 13–11–2023 filed an Application for Stay of Execution of the Judgment pending appeal. The ground of the Application was that the Court in its Judgment found the Respondent’s root of title fraudulently obtained, because the persons who were alleged to have signed the document were dead before the date of execution of the document. For that reason, it was submitted that every step taken pursuant to that fraudulent document is a nullity.
In the view of that the Applicant, the appeal raises several arguable points of Law such as:
i. Whether a beneficiary of a fraudulent document can be deemed to be an innocent purchaser without notice.
ii. Whether or not the Court has the jurisdiction to order a land owner to regularize an interest of a purported grantee which has been vitiated by fraud.
iii. Whether a Court has the jurisdiction to determine the consideration payable in respect of a lease.
iv. Whether or not a provisional land Title Certificate creates an inde…