Section 5: Consequence of contravention
consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
5. Consequence of contravention
(1) An agreement which is in contravention of—
(a) section 3; or
(b) a condition imposed in a certificate,
shall be void.
(2) Where property is held, purchased or otherwise acquired in contravention of—
(a) section 3; or
(b) a condition imposed in a certificate,
the Curator shall forthwith—
(i) take possession of the property; and
(ii) cause it to be sold in accordance with the Sale of Immovable Property Act.
(3) A person, other than a non-citizen, who acquires property pursuant to
a sale under subsection (2) (b) (ii), shall acquire a good title to the property.
(4) The proceeds of a sale under subsection (2) (b) (ii) shall, after deduction of all charges, be paid over, in such manner as the Master and Registrar
may determine, to the non-citizen or other person who appears to be entitled
to them.
N36 – 5 [Issue 9]
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Questions this section answers
- What happens to an agreement to acquire property that breaks section 3 or a certificate condition?
- Can I keep property I acquired in breach of section 3 or a certificate condition?
- Who gets the proceeds if my property is sold because I broke the rules on non-citizen ownership?