134Caveat may be lodged by judgment creditor

134 Caveat may be lodged by judgment creditor

(1)  *[Section 134 Subsection (1) amended by No. 21 of 1996, s. 12 ]*A judgment creditor of a person registered as the proprietor of registered land may lodge a caveat in an approved form.

(2)  *[Section 134 Subsection (2) amended by No. 21 of 1996, s. 12 ]*A caveat under this section shall –

(a) [Section 134 Subsection (2) amended by No. 23 of 2021, s. 98, Applied:01 Jan 2022] be accompanied by an office copy of the judgment or order upon which it is founded; and

(b) identify, to the Recorder's satisfaction, the judgment debtor with the registered proprietor named in the folio of the Register or registered dealing affected by the caveat.

(3)  The practice, procedure, and mode of dealing with a caveat under this section shall in all other respects be the same as if the judgment creditor referred to in subsection (1) claimed an estate or interest in that person's land within the meaning of section 133 .

(4)  At the expiration of each period of 5 years from the entry or re-entry of a caveat under this section the caveat shall lapse and cease to be of any effect unless it is re-entered as provided by this section.

(5)  When the time prescribed by subsection (4) expires on a day on which the office of the Recorder is closed the re-entry is effective if done on the next day on which the office is open.

(6)  *[Section 134 Subsection (6) amended by No. 21 of 1996, s. 19 ]*The Recorder shall re-enter a caveat under this section if, before it lapses, the caveator or the person for the time being entitled to enforce the judgment mentioned in the caveat so requests in an approved form and pays the prescribed fee.

(7)  Nothing in this section –

(a) revives or restores a judgment which is extinguished or barred; or

(b) affects or prejudices a judgment as between the parties to the judgment, their representatives, or those deriving as volunteers under them.

(8)  *[Section 134 Subsection (8) inserted by No. 21 of 1996, s. 12 ]*Where a judgment creditor lodges a caveat under , the judgment creditor must provide such particulars of the judgment or order on which the caveat is founded as the Recorder may require and in such manner as the Recorder may require.