Section 43
Limitation of jurisdiction
of Housing Developers (Control And Licensing) Ordinance, 1993
—
(1)
Except as expressly provided under this Ordinance, the Tribunal shall have no jurisdiction in respect of any claim—
(a)
for the recovery of land, or any estate or interest in land;
(b)
in which there is a dispute concerning—
(i)
the entitlement of any person under a will or settlement, or on intestacy (including partial intestacy);
(ii)
goodwill;
(iii)
any chose in action; or
(iv)
any trade secret or other intellectual property rights.
(2)
The jurisdiction of the Tribunal shall be limited to a claim by the purchaser that is based on a cause of action arising from a sale and purchase agreement entered into whether or not pursuant to this
Ordinance.
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(3)
Notwithstanding subsection (2), no claim shall be affected or defeated on the ground that no sale and purchase agreement has been entered into between the purchaser and the housing developer at the time when the cause of action accrues if there exists a previous dealing between the purchaser and the housing developer in respect of the acquisition of the housing accommodation.
(4)
The Tribunal shall have no jurisdiction—
(a)
to hear a claim arising from personal injury or death;
or
(b)
to award a prohibitory, mandamus, declaration, specific performance or an injunction order.