JUDGMENT
The issue for the magistrate to determine in this case was whether the appellant had encroached over the red boundary, as indicated on the plan exhibited before him, which was that determined by the Land Registrar after his visit to the area on May 30, 1977 and as confirmed in his letter to the parties dated July 12, 1977. In doing so he acted under section 21(2) of the Registered Land Act, cap 300. It was only if that process had not taken place that the trial court would have been precluded from entertaining the action by virtue of subsection (4) of that section. Otherwise it had jurisdiction to hear and determine the case under section 159 of the Act, as the section was at that time.
The magistrate did not, however, have jurisdiction to change the boundary as fixed by the Registrar from the red to the black line on the plan, because it was not an issue before him. It may be that he was misled by the use of the word “rectify” in the plaint. On this ground I would uphold the l…