151Assurance fund not liable in certain cases

151 Assurance fund not liable in certain cases

(1)  The assurance fund is not liable for compensation for loss, damage, or deprivation –

(a) occasioned by the breach by a registered proprietor of any trust, whether express, implied, or constructive;

(b) where the same land has been included in two or more grants from the Crown;

(c) arising out of a matter –

(i) into which the Recorder or Deputy Recorder is exonerated from inquiry; or

(ii) in respect of which either of them is protected from liability –

by any enactment; or

(d) [Section 151 Subsection (1) amended by No. 29 of 1997, s. 8, Applied:06 Nov 1997] occasioned by the inclusion of land with other land in the same folio of the Register through misdescription of boundaries or parcels; or

(e) [Section 151 Subsection (1) amended by No. 29 of 1997, s. 8, Applied:06 Nov 1997] arising from any failure of the Recorder to include an interest in a folio if the interest was not revealed in a search of title relating to the relevant period provided by section 35 of the Conveyancing and Law of Property Act 1884 .

(2)  Notwithstanding anything contained in subsection (1) , the assurance fund is liable for compensation where a person deprived of land in the circumstances set out in subsection (1) (d) has obtained judgment for compensation or damages against a person liable for compensation or damages under section 152 and the latter person –

(a) is dead;

(b) cannot be found;

(c) has become bankrupt; or

(d) on the issue of a writ of fieri facias or warrant of execution to enforce the judgment, has been certified by the person charged with the duty of enforcing the writ or warrant to be unable to pay the full amount of the judgment.