JUDGMENT

Collin Lawrence Sequerah JCA:

(A) Introduction

[1] The short issue in this appeal is whether or not a State Authority, when approving a proposed conversion of category of land use and subdivision of land and in the process of re-alienating the land, may reduce its tenure from a term in perpetuity to a term of years not exceeding 99 years or in other words, from freehold to leasehold.

[2] This is a unanimous decision.

(B) Background Facts

[3] The original landowners in respect of the lands in question held them previously under four (4) documents of title under Certificate of Title ("CT") 19426 Lot 10304, CT 25458 Lot 10220, CT 25459 Lot 10221 and CT 25460 Lot 12222 respectively.

[4] The original landowners had the intention to develop the lands into a housing scheme. At that time, the status of the lands was for terms in perpetuity or freehold.

[5] The original landowners surrendered the CT's to the State Authority for the purpose of developing the lands into a housing scheme on the following dates:

[6] The Respondents were the purchasers of the properties developed/built by the landowners. They purchased the properties from a housing developer somewhere in 1980s. The status of the lands at the time of purchase was leasehold for a period of 99 years.

[7] The Respondents filed the current action seeking a declaration that each of the properties purchased by them and registered as leasehold for a term of 99 years be declared null and void. They also sought an order that the Land Administrator replace their titles for a period of 99 years with titles in perpetuity (freehold).

[8] The Respondents contended that when the individual titles were issued, there was a mistake because the land title status ought to have been for a term in perpetuity (freehold), rather than a term of leasehold for 99 years.