[2017] 1 LNS 1152
The application to remove the private caveat is provided for under s. 327 of the National Land Code, 1965. The Letter of Acceptance did not confer an interest in the said Land to the defendant that is capable of registration. The defendant could have expended the sum as claimed in the said Works, it could have a claim for the work done to date, but that is a separate matter, claimable, if at all, in a different forum. There is nothing in s. 323(1) (a) of the NLC, which allows a contractor of a building contract to lodge a private caveat on the land where the building is erected. It is not, with legal certainty, a “transaction that can ultimately lead to its registration on the register”. At best, it would give rise only to a monetary interest, i.e. a right in personam against the plaintiff and does not create any interest in the land. Our partner Subashini acted for the plaintiff.