TRANSFER OF LAND ACT 1893 - SECT 207

TRANSFER OF LAND ACT 1893 - SECT 207

207 .         Actions for damages in certain other cases

        (1)         Any person who shall have sustained or shall hereafter sustain any loss or damage in or by the exercise by the Commissioner of any of the powers conferred on him by The Transfer of Land Act 1874 or by this Act and who shall not have been party or privy to the application or dealing in connection with which such power was exercised may notwithstanding the provisions of section 201 and section 205 and without prejudice to the rights (if any) of such person thereunder in the first instance and without any obligation to pursue the remedies provided by such sections bring an action against the State with the Registrar as nominal defendant for recovery of damages.

        (2)         Where such person shall have been party or privy to such application or dealing he shall be at liberty to join the Registrar as a nominal co-defendant in any action brought by him in respect of such loss or damage against any other person or persons who shall have been party or privy to such application or dealing.

        [Section 207 amended: No. 81 of 1996 s. 125; No. 19 of 2010 s. 51.]