163Power of Recorder to call in certificate of title, &c., in certain cases

163 Power of Recorder to call in certificate of title, &c., in certain cases

(1)  [Section 163 Subsection (1) amended by No. 23 of 2021, s. 136, Applied:01 Jan 2022] [Section 163 Subsection (1) amended by No. 23 of 2021, s. 136, Applied:01 Jan 2022] Where it appears to the satisfaction of the Recorder that –

(a) a certificate of title, grant, or duplicate registered dealing has been issued in error or contains a misdescription of land or of boundaries;

(b) a recording has been made in error on a certificate of title, grant, or duplicate registered dealing;

(c) a certificate of title, grant, or recording in the Register has been fraudulently or wrongfully obtained;

(d) a certificate of title, grant, or duplicate registered dealing is fraudulently or wrongfully retained; or

(e) [Section 163 Subsection (1) amended by No. 23 of 2021, s. 136, Applied:01 Jan 2022] it is necessary for the Recorder to have the certificate of title, grant, or duplicate registered dealing for the purpose of registering a dealing, or of cancelling, correcting, or otherwise dealing with the certificate, grant, or duplicate, or for the purpose of inspection in case of the loss, destruction, or obliteration of a folio of the Register or registered dealing –

or the Recorder is, by this or any other Act, required or authorized to call in, or require a person to produce to the Recorder, a certificate of title, grant, or duplicate registered dealing, the Recorder may summon the person to whom that certificate, grant, or duplicate has been so issued, or by whom it has been so obtained or is retained, or who has the custody, possession, or control of it, to deliver up that certificate, grant, or duplicate for the purpose of registration, or of being cancelled, corrected, or otherwise dealt with, or inspected, as the case may require.

(2)  Where a person referred to in subsection (1) refuses or neglects to comply with a summons referred to in that subsection, the Recorder may apply to a judge to issue a summons for that person to appear before the Supreme Court and show cause why the certificate, grant, or duplicate referred to in that subsection should not be delivered up for the purpose of registration, or to be cancelled, corrected, or otherwise dealt with, or inspected, as mentioned in that subsection.