Section 138

Any person who is deprived of land or sustains loss or damage through any omission, mistake or misfeasance of the Registrar, or any member of his staff, in the bringing of the land under the provisions of this Act or in the registration of any instrument, and who is barred by this Act from bringing an action of ejectment or other action for the recovery of land, may bring an action for the recovery of damages against the assurance fund.

In any action for the recovery of damages or compensation, whether for deprivation or for error or otherwise, the Court shall take into consideration the fact that the claimant’s own neglect, default or incaution may have caused or contributed to the deprivation, loss or damage, and in any such case may withhold or abate damages or compensation accordingly.

For the purposes of this section —

The assurance fund is not liable to compensate a party to any action authorised by this Act unless the Registrar was a defendant therein, or was served with 14 days’ notice thereof.

On receipt of notice, the Registrar is entitled to appear in any such action and may offer to compensate any party to the action out of the assurance fund.

On any such offer being made further action shall be limited to determination of the compensation to be paid.

Except as provided by subsection (1), no action shall be brought against the assurance fund by any person deprived of land or sustaining loss or damage through —