JUDGMENT

The Questions Of Law

[1] The initial sole question of law for this Court's determination as granted at the leave stage is as follows:

Main Q1

"In the event the Chargee fails to obtain an Order of Sale timeously or at all, is the Chargor entitled to defeat the registered interest of the Chargee pursuant to s 340(4)(b) of the National Land Code and consequently obtain the return of the issue document of title freed from the security pursuant to s 244(1) of the National Land Code 1965 read with O 83 r 1(1) of the Rules of Court 2012?"

[2] Upon application by the Appellant, 5 questions of law were later added for our determination. The further questions are as follows:

Additional Q2

In the event a Chargee fails to file proceedings in Court to obtain a valid and enforceable Order for Sale of the charged land, pursuant to s 256 of the National land Code, within the limitation period prescribed in s 21(1) of the Limitation Act 1953 has the Chargee's interest in the registered charge been thereby determined and/or extinguished by operation of law pursuant to, inter alia, s 340(4)(b) of the National Land Code 1965?