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The Registrar got it all wrong

Sep 26, 2012 Letters

Dear Mr. Editor,
We refer to the article ‘Land Registrar justifies decision to withhold transports’ published in the 18th September, 2012 edition of the Kaieteur News and wish to respond to the article only because of the deliberate misrepresentations, half truths and  inaccuracies that the Registrar of Lands has sought to peddle.Not surprisingly the Registrar of Lands who is not an Attorney-at-Law sought to arrogate unto herself the expertise of a trained legal mind by interpreting the respective dates on the Orders of Court.  Two Judges were involved in the making of the said Orders.
The first Judge Justice Insanally granted the Order Nisi or in layman’s term, the provisional or Interim Order on the 11th May, 2012.
The Registrar of Lands was then served by a Marshall of the High Court with all of the respective orders. She was given an opportunity to say where the said orders ought not to be made Absolute—in other words, why she should not be compelled to issue the Titles.
Only on one occasion did the Registrar cause her assistant to appear in Court.  Thereafter she simply refused to attend Court.  This was only the first episode of her disregard and disrespect for the process of the law.
After her repeated failure to attend Court the cases were called before the Chief Justice.  Again the Registrar of Lands did not appear.  It was at this stage that the Provisional Orders were made final Orders.
The Registrar’s assertion that she is prepared to have her day in court is strange, to say the least, because she has never appeared in Court.  Any appearances now in Court by the Registrar is for the purpose only of showing cause why she should not be sent to prison for wantonly disobeying the Orders of the Court.
In relation to the Registrar of Land’s contention that the requisite documents were not produced, it is trite procedure in all applications for Land transferors that the Original to Certificate of Title together with the Certificate of Compliance and Rates and Taxes Certificate must be lodged at the time of the making of the Applications.
It is indeed rare, if not non-existent, for this procedure not to be followed.  The Registrar’s unfortunately puerile excuse for refusing to issue Titles because of the non availability of the said Certificates have earned her the ridicule of the legal fraternity as lawyers alike are well aware that the respective Certificates always accompany the Applications for transfers.
In addition, her contention that the Powers of Attorney were not updated, is not a legally justifiable reason for refusing to issue the Titles since at the date of the filing of the applications for the transfers, all Powers of Attorney where applicable are updated and valid as at the date of filing.
We find it very puzzling indeed that the Registrar instead of purging her contumacious conduct of disobeying the Orders of Court, is seeking to justify disobedience.  Only those who are of the view that they are above the law can venture to utter such statements as the Registrar has done.
Mr. Sohan  J. Poonai     

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