A caution may be withdrawn by the cautioner or removed by order of the court or, subject to Section 73 (2) of the LRA, by order of the Registrar.
Subsection 2 states that the Registrar, on the application of any person interested, may serve notice on the cautioner warning the cautioner that the caution will be removed at the expiration of the time stated in the notice. If a cautioner has not raised any objection at the expiry of the time stated, the Registrar may remove the caution(ss3).
However, if the cautioner objects to the removal of the caution, they shall notify the Registrar, in writing, of the objection within the time specified in the notice, and the Registrar shall, after giving the parties an opportunity of being heard, make such order as the Registrar considers fit, and may in the order provide for the payment of costs.
~ Stay Informed. Stay Empowered ~ Where Legal Expertise Translates into Real-World Solutions ~ 🌍~
Sunday, May 18, 2025
Withdrawal and Removal of Caution
Subscribe to:
Post Comments (Atom)
Fraud Vitiates Title: Court of Appeal Affirms That Banks and Third Parties Must Exercise Heightened Due Diligence in Land Transactions: The Case of Musa v Musa & 6 Others [2025]
Fraud Vitiates Title: Court of Appeal Affirms That Banks and Third Parties Must Exercise Heightened Due Diligence in Land Transactions Int...
-
Introduction : "De bonis non" (Latin for "of the goods not administered") is a legal term referring to a grant of repres...
-
In Kenya, when a person dies intestate (i.e., without leaving a valid will), their surviving dependants—such as a spouse, children, or other...
-
1. Introduction Garnishee proceedings are a form of execution of court decrees where a creditor seeks to recover a debt by targeting a th...
No comments:
Post a Comment