{"issue_text":"Whether the High Court has jurisdiction to register notarial deeds of trust and issue registration certificates","issue_type":"law","dispositive":"yes","related_facts":"The Malilangwe Trust applied for registration; no statutory provision grants this power to High Court"}
{"issue_text":"Whether the court can revoke an order erroneously granted under rule 449","issue_type":"procedural","dispositive":"yes","related_facts":"Order granted on 2 January 2020; judge realized error and initiated revocation"}
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Facts of the Case
Background
The Malilangwe Trust applied to the High Court for registration of its notarial deed of trust and issuance of a registration certificate. On 2 January 2020, the court granted the order. Upon realizing the order was erroneously granted as the High Court has no legal power to register notarial deeds of trust, the judge initiated proceedings to revoke the order under rule 449 of the High Court Rules.
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