Section 323
Applications for entry of private caveats
of National Land Code (Revised - 2020)
(1)
The persons and bodies at whose instance a private caveat may be entered are—
(a)
any person or body claiming title to, or any registrable interest in, any alienated land or undivided share in any alienated land or any right to such title or interest;
(b)
any person or body claiming to be beneficially entitled under any trust affecting any such land or interest; and
(c)
the guardian or next friend of any minor claiming to be entitled as mentioned in paragraph (b).
(2)
Any such person or body wishing to apply for the entry of such a caveat shall do so in Form 19b and such application shall be attested in accordance with section 211 notwithstanding that the provisions dealt with dealings in alienated land, and shall state therein the nature of the claim on which his application is based, and whether the caveat is to be expressed to bind the land itself or an undivided share in the land or a particular interest only, and the last known address of the proprietor if the caveat is to be expressed to bind the land itself or an undivided share in the land.
(3)
Any application under this section shall be accompanied by—
(a)
the prescribed fee;
(b)
the grounds giving rise to the claim thereto, verified by a statutory declaration by the applicant or his advocate and solicitor; and
(c)
if relating to a part of the land, a description or a plan of the land affected, and if relating to an undivided share in the land or a part thereof, a description, which is sufficient for identification.
331
Act 828