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Section 258

Procedure prior to sale

of National Land Code (Revised - 2020)

ActIn forceProvision 249 of 391
Section 258

(1)

Where any such order has been made, it shall be the duty of the Registrar of the Court—

(a)

to serve a copy thereof on the chargor, and on every chargee of the land or lease in question; and

(b)

to see that the sale is publicly advertised in accordance with rules of court or, in the absence of any rule in that behalf, the practice customarily adopted in the State.

(2)

The chargee on whose application the order was made shall—

(a)

prepare the conditions of sale, in accordance with the terms of the order and any determination thereunder by the Registrar of the Court;

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National Land Code 407

(b)

if the issue document of title to the land or, as the case may be, duplicate lease is in his custody, deposit the same with the Court not less than one week before the date fixed for the sale; and

(c)

in the case of a charge of an undivided share in land effected by virtue of subsection 343(6), deposit with the

Court not less than one week before the date fixed for the sale, the copy of the issue document of title issued to the co-proprietor under subsection 343(3).