Ashokan v. Commissioner of National Housing – sllr 2003 volume 3 page 179

In Ashokan (and associated petitioners/estate administrators) v. Commissioner of National Housing and others, the central issue involved the validity of a vesting order made under section 8(4) of the Ceiling on Housing Property Law, particularly regarding compliance with natural justice requirements and the relevance of Act No. 4 of 1988. It was determined that the provisions of Act No. 4 of 1988 removed the ceiling on housing property from 1 January 1987, thereby extinguishing any prior limit on the number of houses owned beyond that date. The findings established that a vesting order issued without jurisdiction, and made in the absence of a proper inquiry or due process, is a nullity and without legal effect. Arguments concerning procedural delay were rejected on the ground that nullity