145Action by person claiming as beneficiary may be brought in name of trustee

145 Action by person claiming as beneficiary may be brought in name of trustee

(1)  [Section 145 Subsection (1) amended by No. 23 of 2021, s. 123, Applied:01 Jan 2022] Where a person is entitled to or interested in land as a trustee and is entitled to bring or defend any action for the recovery of registered land, that person shall be bound to allow the person’s name to be used as a plaintiff or defendant in an action for recovery of land by a beneficiary or person claiming an estate or interest in the land.

(2)  [Section 145 Subsection (2) amended by No. 23 of 2021, s. 123, Applied:01 Jan 2022] Where subsection (1) applies, the person entitled or interested as a trustee is entitled to be indemnified in like manner as a trustee would before the passing of the repealed Act have been entitled to be indemnified in a similar case of the person’s name being used in any action or proceeding referred to in subsection (1) by the person’s cestui que trust.