Edgar Joseph Jr. FCJ:

The preliminary point of law raised by this appeal resolves itself into the question of the true meaning and ambit of the proviso to s. 322(1) of the National Land Code 1965, ('the Code"), inserted by s. 90 of Act A587/84, which came into force on 25 March 1985, and which says:

Provided that such a caveat shall not be capable of being entered in respect of part of the land.

The main provision - in this case, s. 322(1) of the Code - which the proviso seeks to qualify or modify - says:

322(1) A caveat under this section shall be known as a 'private caveat', and -

(a) may be entered by the Registrar on the register document of title to any land at the instance of any of the persons or bodies specified in s. 323;

(b) shall have the effect specified in sub-section (2) or (3), according as it is expressed to bind the land itself or merely a particular interest therein.

Then, of course follows the proviso reproduced above.

To put the matter in perspective, the other provisions of the Code which it would be convenient to reproduced are ss. 322(2) and (3) and 323(1) and (2). These provisions are as follows:

322(2) The effect of any private caveat expre