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Land registration – Rectification of register. The claimant sought an indemnity from the defendant Chief Land Registrar following the rectification of the register concerning a charge, which was subsequently found to be a forgery. The Registrar contended that the claimant was not entitled to an indemnity and, alternatively, that it should be reduced due to the claimant's lack of proper care. The Chancery Division, in allowing the claim, held that the claimant was entitled to an indemnity, on the proper construction of the relevant legislation. Further, the agreed quantum would not be reduced, although interest for a specified period would not be awarded.
Land registration – Rectification of register. The claimant sought an indemnity from the defendant Chief Land Registrar following the rectification of the register concerning a charge, which was subsequently found to be a forgery. The Registrar contended that the claimant was not entitled to an indemnity and, alternatively, that it should be reduced due to the claimant's lack of proper care. The Chancery Division, in allowing the claim, held that the claimant was entitled to an indemnity, on the proper construction of the relevant legislation. Further, the agreed quantum would not be reduced, although interest for a specified period would not be awarded.
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