Section 262
Provisions as to enquiry
of National Land Code (Revised - 2020)
(1)
No persons or bodies other than the chargor or chargee or in his or their absence a person or body appointed by the chargor or chargee under subsection 253(4), shall be entitled to be heard, or to adduce evidence, at any enquiry under section 261
(and accordingly, the chargor and the chargee or the person or body appointed, as the case may be, shall be entitled to apply for a postponement or change of venue under subsection 28(2), or to receive notice under subsection (4) of that section of any cancellation, postponement or change of venue).
(2)
If the chargee fails to appear at the time fixed for the hearing of any such enquiry, the Land Administrator shall dismiss the application.
(3)
If the chargee appears, but not the chargor, the Land
Administrator—
(a)
if satisfied that a summons to appear was duly served on the chargor, and in sufficient time to enable the chargor to appear and answer, shall proceed with the hearing ex parte;
(b)
if not so satisfied, shall adjourn the hearing to a later date, and cause a fresh summons to be served.
(4)
Where there are more chargees than one, and some only of them appear, or more chargors than one, and some only of them appear, the Land Administrator may at his discretion proceed with the hearing or adjourn it to a later date.
(5)
The dismissal of any application pursuant to subsection (2)
shall be without prejudice to the making by the chargee of a fresh application on the same grounds; but if the chargor appeared at the time fixed for the hearing, the application shall not be entertained until the chargee has paid to the chargor the costs of that appearance, as allowed by the Land
Administrator.
278
National Land Code 413
Provisions of the
National Land Code
Modification
Section 262
In its application to the Federal Territory of Labuan, delete these sections.
Act 828
Provisions of the
National Land Code
Modification
Section 263
In its application to the Federal Territory of Labuan, delete these sections.
National Land Code
National Land Code 415