Section 12: Review by Court of its determination
This section is inserted by Act No 16 of 2020, section 6.
consolidated text (as at 2013, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
12. Review by Court of its determination
The Court shall not review a determination made by it
until the lapse of 3 years from the date it was made unless –
(a) the circumstances affecting the determination of
the fair rent of the premises or of the market rent
of the business premises have materially altered
since it was made;
622 Acts 2020
(b) the determination was made as a consequence of
any fraud, misrepresentation or error;
(c) fresh material evidence, which could not by
reasonable diligence have been made available
at the hearing, becomes available;
(d) the determination was made in the absence of an
interested party whose absence was not due to
any fault or neglect of his; or
(e) in the opinion of the Court, substantial injustice
has been occasioned by the determination.
(d) by repealing Sub-part B.
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Questions this section answers
- Can I ask the Court to review a fair rent decision it already made?
- How soon can the Court review its own rent determination if circumstances have changed?